Confidentiality guidance: Sharing information with a patient's partner, carers, relatives or friends

1. 64. You should establish with the patient what information they want you to share, who with, and in what circumstances. This will be particularly important if the patient has fluctuating or diminished capacity or is likely to lose capacity, even temporarily. Early discussions of this nature can help to avoid disclosures that patients would object to. They can also help to avoid misunderstandings with, or causing offence to, anyone the patient would want information to be shared with.

2. 65. If a patient lacks capacity, you should share relevant information in accordance with the advice in paragraphs 57 to 63. Unless they indicate otherwise, it is reasonable to assume that patients would want those closest to them to be kept informed of their general condition and prognosis.

   66. If anyone close to the patient wants to discuss their concerns about the patient’s health, you should make it clear to them that, while it is not a breach of confidentiality to listen to their concerns, you cannot guarantee that you will not tell the patient about the conversation. You might need to share with a patient information you have received from others, for example, if it has influenced your assessment and treatment of the patient.²⁷ You should not refuse to listen to a patient’s partner, carers or others on the basis of confidentiality. Their views or the information they provide might be helpful in your care of the patient. You will, though, need to consider whether your patient would consider you listening to the concerns of others about your patient’s health or care to be a breach of trust, particularly if they have asked you not to listen to particular people.²⁸