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DPA for Health Records - denying parents access

4 replies

sugarcandymountain · 11/12/2009 12:50

I've requested a copy of DS's file under the Data Protection Act. He is attending an NHS clinic for psychotherapy as he has AS. I don't feel that they have not been very open with me about access to data/reports, and I was given some letters and reports this summer only after a request from my solicitor (we were undergoing stat assessment) - I had not even been cc'd into the letters to our GP and some of the reports were a year old! I've realised that they hold a lot more information (notes taken after each session, records of meetings with school etc) so I decided to do a DPA request for the whole file. We are looking at school placements for September 2010 and I'm trying to get hold of as much information as I can at the moment.

Yesterday I had a chat with his consultant about this and she said that she felt it would be a breach of confidentiality for the clinic to release all of the information to me. I am really quite disturbed and offended by this - DS is ten and due to his AS, I'm very much involved in his life as he's much less independent than other children of his age. He will not have been involved in any activities that I'm unaware of, for example (he doesn't have any friends outside school). There are no issues such as neglect or custody. DS has said that he doesn't mind me reading them but his consultant said that even if he gave his consent, they wouldn't accept that because he is too young to understand the implications. But if he's too young, then surely as a parent, I should be the one making decisions for him!

I have looked at the Dept for Health info on making complaints and I will probably take the issue further once the 40 days is up. I just wondered what the views are on here and whether anyone else had encountered anything similar?

OP posts:
daisy5678 · 12/12/2009 11:09

Haven't, sorry, but I know that education files/ records round here can be released to parents, so can't believe that health records are different! Their reasoning does sound ridiculous!!! Good luck!

cyberseraphim · 12/12/2009 12:06

"even if he gave his consent, they wouldn't accept that because he is too young to understand the implications"

That sounds like contradictory nonsense - if he is too young to give meaningful consent then you are his guardian until such time.

Dolfin · 12/12/2009 12:55

Have you seen the ICO (information commissioners office) web site? - it outlines the freedom of information act, your rights etc.

I think you will need to formally write to the consultant to request your child's full records, they have 20 working days to respond with the information requested (ICO -web site).

Have you thought about a written request to the GP for a full copy of your child's records? Most professionals copy in the GP, so they would have the majority of the documents. Good luck

moondog · 12/12/2009 15:35

That's bollocks.
I work for NHS and I quote from my professional guidelines

The Data Protection Act (1988) provides individuals and employess with right of access to personal data about themselves,that is held in either computerised or manual form. Most, if not all (my italics) NHS information concerning individuals, whether held electronically or on paper, will fall witihn the scope of this Act.'

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