7 June 2011
Harriett Baldwin today quizzed Health Minister Paul Burstow about the case of a constituent who was sectioned under the Mental Health Act and sent to Winterbourne View by Worcestershire Social Services.
County social services refused to share details of the case with the MP because the constituent was over 18. The case was brought to the MP's attention by the constituent's mother who was concerned about care at Winterbourne View.
It is understood that following the safeguarding issues raised by the Panorama programme, the constituent, who was in a different part of the facility, has been moved.
MPs are regularly contacted by their constituents with concerns and a letter or e-mail from a constituent constitutes consent to act on their behalf.
However, this young vulnerable adult with complex needs had been sectioned under the Mental Health Act and because the constituent was considered to be an adult, would need to give consent to the MP. This was not possible and the parent's permission was not sufficient.
Harriett said: “Like everyone else, I was horrified to see the treatment of vulnerable adults at Winterbourne View. Local social workers do a very difficult job but with very vulnerable adults but I feel there should be more independent scrutiny, not an emphasis on secrecy and data protection."
"Often people contact MPs when they don't feel there is anywhere else to turn. Our ability to represent even our most vulnerable constituents hinges on our ability to be able to scrutinise these kinds of cases."
“I will be meeting the social work team on Friday about the case and I hope the law can be reviewed to make it easier for MPs to help."
Health minister Paul Burstow told the House of Commons that he was looking into the case and the rules regarding patient confidentiality.
He commented: “I will certainly undertake to have a look at this issue again. Patient confidentiality is complex. We do need to respect the confidentiality of individual patients but we shouldn’t let that get in the way of being able to make sure that good quality care is being delivered.”
FULL TEXT:
Harriett Baldwin (West Worcestershire) (Con): One of my constituents, a vulnerable young adult with complex needs, was recently sectioned under the Mental Health Act 1983, taken from the family home, and placed in Winterbourne View. The mother was very concerned about her child’s care there, and contacted me. However, I was told by adult social services that I could not know the details of the case because of data protection. When reviewing the regulations involving vulnerable adults, will the Minister ensure that questions from Members of Parliament about such cases can be answered, so that they can stand up for even their most vulnerable constituents without their express written permission?
Paul Burstow: I am grateful to the hon. Lady for highlighting that issue. I think that Members in all parts of the House experience the same frustration from time to time when they feel that they are unable to discharge their responsibilities on behalf of constituents and obtain the information that they think they need in order to do that job. I will certainly undertake to examine the issue again. Patient confidentiality is complex and we must respect the confidentiality of individual patients, but we should not let that get in the way of ensuring that good-quality care is delivered.
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