Local Government Legal Update 8th March 2010
Access to Health Records
Trying to obtain information about clients or patients can be quite frustrating, as the legislation governing access may often appear confusing. A new publication from www.dh.gov.uk/publications, entitled ‘Guidance for Access to Health Records Requests’ aims to improve this access. We all have the right to see what someone records about us, in the case of the NHS, this might either be requesting the information ourselves, following an authorisation, or as an Attorney under a Lasting Power of Attorney. If you’re concerned about personal information stored about yourself, particularly it’s accuracy do ask to see your records.
Are Juries Fair?
Professor Thomas of University College London, has recently published report into juries behaviour, asking key questions over racial discrimination and jury perceptions. Juries are sometimes seen as biased, perhaps towards certain groups or offences. This report examines these issues, together with conviction rates for offences and courts. Also whether there’s any truth in jurors failing to understand comments and directions raised by Judges. The report is available from http://www.justice.gov.uk/publications/research.htm
Rights for Working Dad’s
Advertising our rights for some can be a daunting task. The Department for Business Innovation and Skills has just produced a useful short guide for working Dad’s on taking paternity time off. The leaflet details basic points useful for workforces, signposting them to http://www.direct.gov.uk/dadsatwork for further information.
Ageing Population: Local Authority Spending Worries If you’re concerned about how local authorities are making ends meets, the Audits Commissions recent report, ‘Under pressure’ Tackling the financial challenge for councils of an ageing population may assist you. The report comments that many local authorities do not know enough about costs for their ageing populations, leading to under service provision and inappropriate cost cuts. The report further suggests local authorities may be missing out on savings which could alleviate service problems. The report is available from http://www.audit-commission.gov.uk/nationalstudies/localgov/underpressure
Lasting Powers of Attorney
As an ageing population, one day we or someone know may lose mental capacity to make decisions for themselves. If this happens, who do you think would legally be entitled to make financial or treatment / care decisions? If you do not have a Lasting Power of Attorney, then the answer is complex. If you have individual savings, you may find the bank is not able to give access to these; jointly held accounts may however still to be operated. For treatment and care decisions, unfortunately a ‘next of kin’ is not legally permitted to decide, only offering suggestions. With a registered Lasting Power Attorney, all these issues are managed, with authority passing to someone who understands our needs, making decisions we ourselves might have made.
And Lastly…
Train as a Social Worker The Children’s Workforce Development Council has set up a training programme called, ‘Step up to Social Work’. It’s a practice led programme for professionals, offering work based training leading to a higher degree qualification in social work. The training allows individuals to switch to a social work career via a flexible and practical training package; with previous qualifications and experience counting towards the final qualification.
Craig Ward Solicitor
Craig Ward is Author of the book ‘Lasting Powers of Attorney: A Practical Guide’ (The Law Society)