Request for Medical Records for Children and Young People
The Information Commissioner’s Office states that parents can make subject access requests on behalf of their children who are too young to make their own request. A young person aged 12 or above is generally considered mature enough to understand what a subject access request is, however, each case will be individually considered.
Children and young people who are able to make their own informed decisions have a legal right to access their own records, and can allow or prevent access by others, including their parents.
Any parental access to a child’s records must be in the child’s best interests.
What rights do non-resident parents have in relation to access to their child's medical records?
Separated parents with parental responsibility have as much entitlement to information as non-separated parents. However, if the Trust knows parents are separated, and a request for medical records is obtained from the non-resident parent, we may wish to ensure as good practice that the other parent is aware of the request.
To access a copy of your child’s health records, please complete the form to the right of this page and send it, together with copies of two forms of identification (one from section A and one from section B)Section A - Something to prove who you are
- UK Passport
- Passport from eligible countries including EU/EEA
- Driving licence (driving licences without a photo are not acceptable)
- EU/EEA National Identity card
- UK birth certificate (under 18s only)
- National Insurance Card (Under 18s only)
- Medical card (under 18s only)
Section B - Something with your current home address (less than three months old)
- Utility bill
- Phone bill
- Local authority council tax bill
- HMRC tax code notification
- Benefits or pensions notification letter confirming the right to benefit
In the case of a child or young person please also sent in a copy of their birth certificate or their passport if they have their own passport.
* If a child or young person does not agree to disclosure there are still some circumstances in which information can be disclosed for example, when it is in the best interests of the child or young person who does not have the maturity or understanding to make their own decision about disclosure
How much will it cost?
Request for records are now free of charge. However if the Trust believes your request to be manifestly unfounded or excessive there are two options available:
- We can request a “reasonable fee” to deal with the request, which will be based on the administrative costs of complying with the request; or
- We may refuse to deal with the request.
If we decide to charge a fee we will promptly notify you of the reasons why and the amount before completing the request. If we refuse to deal with your request, we will promptly notify you of the reasons why.
How long will it take?
The Trust must comply with its obligations under the GDPR promptly and within 1 month from the date of receive the request. Should further information or identification be required, we will write to you asking for this information within a few days of receiving the request. We ask for a timely response so your request can be processed within the required time scale. The Trust can extend the time to respond by a further two months if the request is complex or we have received a number of request from the same individual. Should we seek to extend the time to respond, we must notify the individual of the request to extend without undue delay and within one month of receiving the request and explain the reasons for the extension.
Please complete the form for children with ID and send to the following postal address or alternatively you can email to:
Legal Services - SARs Team
Residence 15
Medway NHS Foundation Trust
Medway Maritime Hospital
Windmill Road
Gillingham
Kent ME7 5NY
medwayft.sars@nhs.net