The Data Protection Act 1998 provides the right of access to health records. Hospitals are allowed 40 days, from the date a correctly completed form has been received, to issue copies of the medical records requested.
Please download the application form here: accesshealthrecords.pdf (65.28 KB)
The following applicants have rights of access:
• The patient
• A person authorised in writing to make the application on the patient’s behalf.
• A parent, where the patient is a child (i.e. under the age of 16 years) unless the child is deemed capable of understanding the application and can therefore make an application personally or oppose application, or unless the health professional decides that parental access is not in the child’s best interest.
• Where the patient is incapable of managing his/her own affairs – any persons appointed by a Court to manage those affairs.
• Where the patient has died, the patient’s personal representative and any persons who may have a claim arising out of the patient’s death.
The Act gives rights of access subject to the following restrictions, which are to be made at the discretion of the health professional concerned. There are no requirements to disclose the fact that information has been withheld.
• Where it is considered that access would disclose information likely to cause serious harm to the physical or mental health of the patient or of any other individual.
• Where access would lead to the disclosure of the identity of another individual who has not consented to the disclosure of the information, unless that individual is a health professional who has been involved in the care of the patient.
The law permits a statutory fee of £10.00 to be charged per application for access to health records, plus the cost of producing copy medical records and supplying radiology images on a CD. The total cost will not exceed £50.00.
To cover the Trust’s initial costs for your application and copy medical records a cheque in the sum of £20.00 is required with the completed application form. Applications will not be processed until a cheque is received.
Should you require a CD containing radiology images together with copy medical records a cheque in the sum of £30.00 is required with the completed application form to cover the cost of the application fee, copy medical records and CD containing radiology images. Applications will not be processed until a cheque is received.
Should you require a CD containing radiology images only, a cheque in the sum of £20.00 is required with the completed application form to cover the cost of the application fee and CD containing radiology images. Applications will not be processed until a cheque is received.
Should any further charges be necessary in connection with disclosure, i.e. you may have more than one medical records folder which needs to be copied, you will be advised before the dispatch of your copy records, and a further cheque for any additional costs entailed will be requested from you. As mentioned above, the total cost will not exceed £50.00.
Cheques should be made payable to Heatherwood & Wexham Park Hospitals NHS Foundation Trust and forwarded together with the completed application form to the Access to Health Records Department at the address below.
Address for completed requests:
Access to Health Records,
Wexham Park Hospital,
Last updated 1st November 2010