Amidst the ongoing confusion of NHS Continuing Healthcare Funding and the inordinately large number of retrospective assessments and reviews, the Social Care Department that I work for is being asked by neighbouring NHS Trusts to provide the files of deceased persons, who cases are being reviewed. Although we have information sharing protocols in place for living persons, known to both services, no such protocols exist regarding the records of the deceased.
I had thought that given the sensitive and confidential nature of the information held on file (Adult Protection, Third party info. etc.) then Section 41 of the FOIA might assist us to withold the file - am I right? ....Or is there anything else that might help?
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