Court-ordered assessments and routine access to confidential health information: findings from a regional forensic mental health service

Abstract

Health Assessors undertaking court ordered assessments are granted access to material related to the alleged They do not have access to defendant’s confidential health records. Defendant’s consent must be obtained for their health information to be accessed. One hundred files of court ordered reports were audited, to see whether Health Assessors in a New Zealand regional forensic mental health service had obtained such consent. The results were categorised as follows: Category 1: Consent was provided and health record accessed, c (n = 76). Category 2: Consent was not provided and health information not accessed (n = 5) – included defendants deemed unfit to stand trial and unable to give informed consent (n = 2). Category 3: Consent was not provided but health information accessed (n = 19). Ethical and medico-legal implications of Health Assessors accessing defendant’s confidential health records are discussed. Recommendations are made for improving services so that public trust in the integrity of confidential information can be maintained.