Part of Proxy access: advice and guidance
Step 4: Rely on another basis for access if the patient cannot provide consent
Clinical professionals and staff can do the following to verify evidence of a basis for access if the patient cannot provide informed consent to proxy access.
Where clinical professionals are granting proxy access based on parental responsibility, staff must do one of the following:
- check documentary evidence like a birth certificate, if the parent is not known to the organisation. For a full list of evidence staff can check, see Appendix A of DAPB3051: Identity Verification and Authentication Standard for Health and Care Digital, Data, Analytics and Technology Use, Authorisation use case: Proxy (v1)
- vouch for the basis, where the parent is known to the organisation, and their relationship is already recorded in the clinical system.
Where clinical professionals are granting proxy access based on a proxy holding a health and welfare LPA, the clinical professional must check that the LPA is valid and applicable, and staff must check for evidence that it is registered. An LPA is valid and applicable when the patient does not have capacity and is unable to make the decision regarding proxy access for themselves. The clinical professional may need to undertake a capacity assessment as part of this process.
Where clinical professionals are granting proxy access based on a proxy being a court-appointed personal welfare deputy, staff must check for a valid court order, and clinical professionals must confirm it is active. A court order is activated when the patient does not have capacity and is unable to make the decision regarding proxy access for themselves.
Where clinical professionals are granting proxy access based on the patient’s best interests, they must record the factors that contributed to this decision in the patient’s medical record.
Last edited: 6 May 2026 4:35 pm