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Am I allowed to have a copy of this report?

9 replies

NaToth · 27/05/2020 10:11

I've written elsewhere about my attempts to get back to work after five months off with serious illness.

Finally, my GP has prepared a report for Occupational Health. This should have been requested in February, but it was done until the end of April. I asked to see the report before it goes to OH.

I've had a call from the surgery this morning. Although I am shielding until 30 June, I have to go into the surgery and read it there. I asked for a copy and was refused. Surely as this report is about me, I am entitled to a copy?

Am I right, and if so, can someone point me to an authority?

Many thanks.

OP posts:
GiveMeStrengthOrAHobby · 27/05/2020 10:23

I thought you could have access to your medical records. Assuming you are in the uk. I dont think they can refuse you.

www.england.nhs.uk/contact-us/how-can-we-help/how-do-i-get-a-copy-of-my-health-medical-records/

I would have thought in your situation the report falls into that

I would challenge them

Good luck

DownToTheSeaAgain · 27/05/2020 10:31

A private report commissioned for someone is different to your actual medical records. Unless things have changed since this happened to me (20 yrs ago) you are not permitted to see the report. You probably signed something to give permission to share your details with a third party.

DownToTheSeaAgain · 27/05/2020 10:38

Sorry realise you are allowed to read it at the surgery. I wasn't permitted this so things have changed.

flowery · 27/05/2020 10:41

Yes the Access to Medical Reports Act means your consent is required before your employer (or their OH provider) requests a report from your GP, and you are entitled to see that report before it goes back if you wish.

Was your consent sought? At the point of seeking your consent they are supposed to inform you of your rights under the Act.

NaToth · 27/05/2020 11:04

I signed an authority for OH to get a GP report and ticked the box to say that I wanted to see the report before it went to OH.

It has now been prepared (three months late).

It's about me, prepared from my data (ie my medical records), so I thought I would be able to have a copy.

To be honest, as I am shielding, I thought they would e mail it to me, but hey.

OP posts:
fiftyandfat · 27/05/2020 11:09

Who did you speak to at the surgery?
If you email the practice manager you might get a different response.

prh47bridge · 27/05/2020 12:45

They can charge a fee for supplying you with a copy but, as you are shielding, insisting you go to the surgery to read it is, in my view, a breach of the Access to Medical Reports Act 1988. That Act does not explicitly say you are entitled to a copy but you are entitled to see the report before it is submitted. Your GP cannot send the report to OH until you have seen it.

NaToth · 27/05/2020 18:41

I've now spoken to the Practice Manager, who says I can have a copy once it's been sent to Occupational Health, subject to my making a written request. I wrote him one there and then!

Thank you for your support.

OP posts:
prh47bridge · 27/05/2020 18:55

If you want to kick up a fuss you could point out that, by sending the report to OH first, they are in breach of the Access to Medical Reports Act. The Act is clear that, unless you specifically consent, they must not supply the report to OH until you have seen it and had a chance to request any corrections you think are necessary. You are entitled to apply to the county court for an order compelling them to comply.

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