ABBOTTSWOOD MEDICAL CENTRE

HOW TO ACCESS HEALTH RECORDS OFCHILDREN UNDER 16

This leaflet will tell you what to do next

The Data Protection Act 1998, gives individuals the right to ask to see informationin their health records, although we may withhold certain information if itcould seriously harm their mental or physical health, or identify a third party.

The law regards young people aged 16 or 17 to be adults for the purposes ofconsent to treatment and right to confidentiality, but in some cases, children under the age of 16 who have the capacity and understanding to take decisions abouttheir own treatment are also entitled to decide whether they can view their ownhealth records, providing they are judged by professionals to understand theirchoices and the potential outcomes of sharing information. Case law has established that such a child is known as ‘Gillick (Fraser) Competent’.

You can also apply to see health records if you have parental responsibility for thepatient, subject to the approval of the health professional, and the agreement ofthe child if they are deemed competent to understand fully what is proposed.

Applications:

  • please use the application form on the back of this sheet(otherwise by letter),
  • accompanied by two types of identificationpertinent to the person making the request e.g. passport, driving licence (N/A for under 16’s), birth certificate andadditional proof of address e.g. bank/building society statement, or utility bill,(mobile ‘phone bills are not acceptable). Please do not provide originals.

If you think you may not have received all the information you are entitled toplease contact the Information Governance Officer at Abbottswood Medical Centre.

Abbottswood Medical Centre adheres to the NHS Code of Practice on Confidentiality.

Access to the record has to be provided within 21 days of a written application from the patient where the record has been made in the last 40 days. For records written more than 40 days before, the application must be provided within 40 days. We may charge you up to £10 for access to records, or up to £50 if you need copies. If any information in the record has been recorded in the 40 days before your application, access is free of charge, but copies may still be charged for.

We may also make informal arrangements for patients to see their records, at the discretion of the health professional responsible for their care. Please feel free to talk this through with your health professional who, if they cannot help, will pass on your request to someone who can.

APPLICATION FOR ACCESS TO HEALTH RECORDS – UNDER 16’sIN CONFIDENCE

Please complete the form using BLOCK CAPITALS and return it to Abbottswood Medical Centre.

PATIENTSurname: ……………………………………………………………………………………

Forename(s): ………………………………………………………………………………

Date of Birth: …………………………………………………………………………………

Address: ………………………………………………………………………………………

Post code: ………………………… Telephone No.: ………………………………………

I understand that a minimum charge of £10 is payable, up to a maximum of £50

I am applying for access to (Please tick appropriate box):

A.PHOTOCOPIES OF MEDICAL RECORD IN RESPECT OF TREATMENT FOR

…………………………………………………………………………………………………….

Approximate date: …………………………………

B.PHOTOCOPIES OF ALL MEDICAL RECORDS

C.SUMMARY OF MEDICAL RECORDS

D.VIEW MEDICAL RECORDS

DECLARATION - IF YOU ARE THE PATIENT UNDER 16 YEARS

Ideclare that the information given in this form is correct, to the best of myknowledge, and that:

• I am the patient named overleaf and am under 16 years

• I will pay the appropriate charges as set out in the Data Protection Act 1998.

(Delete as appropriate)

Applicant’s full name (please print) ……………………………………………….…………

Applicant’s signature ……………………………………………………………….………….

Address for correspondence (if different from previous page): …………………………...

……………………………………………………………………………………………………

I attach copies of personal identity documentation, which must include verification ofaddress (see over for details). To make a false declaration would be to breach theData Protection Act 1998 and therefore actionable.

DECLARATION – IF YOU HAVE PARENTAL RESPONSIBILITY FOR A CHILDUNDER 16 YEARS

If you are acting on behalf of a child under 16 years of age you must complete thedeclaration below, and if your child is capable of understanding the request thenhe/she must sign the authorisation:

I(nameand relationship to child) ……………………….………………………………………… certify that I have parental responsibilityfor (child’s full name)……………………………………………………………………………… and that he/she *is Gillick Competent and understands/is incapable ofunderstanding the nature of this application.

Signed………………………………………………………………… Date: ………………………………….

AUTHORISATION (in the case of a person under age 16 who is Gillick Competent)

I (child’s name) ………………………………………. ……….understand the request made by……………………………………………… (name and relationship to child) and consent to them receiving access tomy medical records.

Signed ……………………………………………………………… Date …………………………………..

* delete appropriately