The Data Protection Act 1998 provides everyone with the legal right to access their health records. Health records are held by GP surgeries and a person must contact their GP surgery in order to access their health records. The GP surgery may require the request to access health records to be submitted in writing. It is not necessary for a person to have a specific reason for making a request to access their health records, and GP surgeries are not entitled to ask for one in order to process the request. A solicitor can also request your medical records on your behalf, but you would need to give them written permission to do so. In addition to GP surgeries, health records also are held by hospitals. If a person wishes to access their hospital medical records, they must make a request to the health records manager of the local Hospital Trust. The law states that GP surgeries and hospitals have up to 40 days to respond to a person’s request to access their health records. If this takes longer than 40 days, you should take legal advice about how to proceed.

A request will only be denied if the health record manager, GP, or other health professional believes that the information could cause the person significant harm. If you disagree with this assessment, legal advice from a specialised solicitor should be obtained. The solicitor will assess your case and indicate whether you have legal grounds to appeal the decision.

The information will be made available free of charge if the request is submitted within 40 days of last seeing the relevant medical professional. However, there may be an administration fee of £10 if the information is held on computer, and an administration fee of up to £50 if the requested records are older paper records. Legal advice should be obtained if any organisation attempts to charge more than these fees.

Confidential health records are only accessible by the individual to whom they relate. However, a person may grant permission to another to see their health records and the permission must be in writing. A person may request access to the health records of another if they have power of attorney. It is important that this permission is given legally. A solicitor can draw up the power of attorney and deal with any disputes that may arise.

A lasting power of attorney is a document that grants the named person the power to deal with another’s affairs, including financial and health care arrangements. Lasting power of attorney is arranged when a person is unable, or fears they will be unable in the future, to make their own decisions regarding their affairs. A power of attorney must be registered with the Office of the Public Guardian. The lasting power of attorney document is legally binding. It is, therefore, vital that a solicitor prepares this document in accordance with your wishes while you are still able to make your own decisions.

It is possible to access a deceased person’s health records under the Access to Health Records Act 1990. A person who is the personal representative, executor, or personal administrator of the deceased can make a request. Often, this representative will be their lawyer.

Last Updated on 29/08/2011