Access to Health Records
What is a Health Record
The team of health professionals caring for you keeps records about your health and any treatment and care you receive from the NHS. These records help to make sure you receive the best possible care and may be in an electronic or paper format.
This is a written account of information about the individual in relation to contact and care delivery by the Trust and may include…
- Basic details about you, such as address and next of kin.
- Details of your ongoing care
- Information about past hospital appointments and admissions
- Results of investigations
Under the current Data Protection Act 1998 you, or an authorised representative, have the right to access your health record.
You have a right to apply for access if:
- You are the patient.
- You have parental responsibility for a patient who is a under the age of 16.
- You are the person authorised in writing to make an application on behalf of the patient. (This requires the patient's signature).
- You are a person appointed by the court to manage the patient's affairs when they are unable to e.g. Lasting Power of Attorney for Health and Wellbeing (documented proof must be provided)
How do I request copies of my health records?
You need to write to the DPA Administrator or email the DPA@lancashirecare.nhs.uk or complete the Trust’s ‘Request for Access to Health Records form’ and provide proof of identity.
Access to Health records of the deceased
The Access to Health Records Act 1990 provides certain individuals with a right of access to the health record of a deceased individual, though some information may be redacted. These include the executor or administrator of the deceased person’s estate and a person who may have a claim arising out of the patient’s death (documented proof must be provided)
How do I request copies of a deceased person’s record?
You need to either write to the DPA Administrator, email DPA@lancashirecare.nhs.uk or complete the Trust’s Access to Health Records form and provide proof of identity and evidence of entitlement to access.
Third Party Access requests from Solicitors or Insurance Companies
Third party applications from Solicitors or Insurance companies in relation to third party personal injury claims require written consent from the patient before records can be disclosed. These requests are processed by the DPA Administrator or local SAR Handler.
What is the fee for copies of health records?
The fee for copies of health records provided under the Data Protection Act 1998 is £10 for copies provided from an electronic record and up to £50 for copies provided from a combination of paper and electronic records dependent on volume?
The fee for copies of health records provided under the Access to Health Records Act 1990 will be confirmed upon receipt of application.
Information will not be released until the relevant fee has been paid.
How do I pay for copies of health records?
You can pay by cheque, made payable to Lancashire Care NHS Foundation Trust and include it with the completed remittance advise. Alternatively you can pay by debit/credit card via the Finance Office.
What is the timeframe for receiving copies of health records?
The Data Protection Act 1998 states that copies of records must be provided within 40 calendar days of receiving the fee.
We aim to provide copies of health records within 40 calendar days of receiving your completed application form and fee. We will inform you of any delays.
In some circumstances the Trust is legally required to withhold all or some of the information held in an individual’s health record:
- Where the identity of an individual cannot be satisfied by the Trust.
- Where consent of the individual has not been given, but is legally required.
- Where it has been judged that supplying the information is likely to cause serious harm to the physical or mental health or condition of the Service User or any other person.
- Where providing access would disclose information relating to or provided by a third party who had not consented to the disclosure. This exemption may not apply where that third party is a health professional involved in the care of the individual.
- If a deceased person had indicated that they did not wish information to be disclosed, or the record contains information that the deceased person expected to remain confidential.
Retention of Records
Records are held by the Trust in accordance with the Information Governance Alliance, records Management Code of Practice for Health and Social Care Guideline
If you wish to make an application you can click on the link below or apply in writing or via email
Please complete and return the form below to firstname.lastname@example.org
For requests being made via email should be sent to DPA@lancashirecare.nhs.uk
For requests being made via letter should be sent to:
Lancashire Care NHS Foundation Trust
Health Records Archive Department