AQW 18804/22-27


Ms Claire Sugden
Independent
East Londonderry


Tabled Date: 26/11/2024
Answered On Date: 18/12/2024
Priority Written: No


Question:
To ask the Minister of Health to detail the safeguards in place to prevent domestic abusers from using the health and social care system to further abuse their victims.


Answer:
Within HSC Trusts, access to patient records is provided via a role-based ‘need to know’ security principle, meaning users only see what they need in order to conduct their job safely and effectively. No additional information is accessible without express consent. Access is guarded by professional responsibility, and all HSC staff are contractually obligated to ensure that personal data is treated with the highest levels of confidentiality, and they adhere to the HSC Code of Practice on Protecting the Confidentiality of Service User Information, GDPR legislation, and the common law Duty of Confidentiality. 
One important benefit of digital records is that access within the system is fully auditable with system-generated reports available to monitor and identify inappropriate access. Procedures are also in place to deal with any suspected data security breach.
Contractual obligations with independent service providers include data protection and confidentiality.
In HSCTs where Encompass has been rolled out, Trust Public Protection Teams can use a ‘Public Protection’ flag on Encompass for convicted offenders and ‘Public Protection/Sharing to Safeguard’ flag for MARAC victims and alleged perpetrators heard at MARAC. These flags are only visible to health & social care staff and will therefore alert health and social car staff if a known perpetrator of domestic abuse is utilising any health and social care services.
Access to information on My Care is controlled through use of personal usernames, passwords, and identity authentication via nidirect. My Care cannot be accessed without supplying a personal nidirect username and password.
My Care allows proxy access to patients / service users’ records. All Adult Safeguarding staff have been reminded to be aware of the potential misuse of this by abusers. A Proxy Policy has been cascaded to Trust staff.  Trust staff can revoke proxy access, when there are concerns of domestic abuse or coercive control.  My Care currently does not display social care information, including adult safeguarding. In addition, flags for example to alert for domestic abuse, are not visible on My Care.
Furthermore, training pathways are in place which aim to ensure anyone who has contact with people who use Trust services will have an understanding of domestic and sexual abuse. Those staff who are tasked with working with people and families affected by this issue can avail of more specialist training to equip them to undertake their role.
The family court in Northern Ireland has a range of powers to deal with cases involving family conflict and separation under The Children (NI) Order 1995. However, the legislation is clear that when considering any change to a child's living and contact arrangements, the welfare of the child is the court’s paramount concern. Contact decisions which come before the court are a matter for that court.
Court Children’s Services, located within HSCTs, are responsible for discharging the Trusts’ legal responsibility to assist the family courts in making decisions about the care and contact arrangements for children when separating parents are unable to come to an agreement. Each Court Children’s Officer’s role is to represent the voice of the child/children in private law court proceedings. They advise the court on matters that impact upon the children, including the presence of any alienating behaviours for example, and make recommendations as to what may be in the child’s best interests.