Accessing medical records - explained (1)

Accessing Medical Records in England and Wales: The Law Explained

We are often asked whether patients can request their own (or a loved one's) medical records. We have compiled a brief summary below.

In England and Wales, individuals have a legal right to access their medical records under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Who Can Access Medical Records?

You can access:

- Your own records

- Your child's records (if you have parental responsibility and it is in the child's best interests)

- Someone else's records, if you have their written consent or are legally authorised (e.g. via a Lasting Power of Attorney for Health and Welfare)

In the case of a deceased person, access may be granted under the Access to Health Records Act 1990 to:

- The personal representative (e.g. executor of the will)

- Someone who may have a claim arising from the person's death

How to Request Medical Records

Generally, a Subject Access Request (SAR) can be made in writing or verbally to the GP practice, hospital, or relevant healthcare provider. However, some care providers offer an online service for the request.

You may need to provide proof of identity.

In the case of records relating to a deceased patient, the care provider may ask for proof of entitlement to obtain records e.g. a copy of the will or Grant of Letters of Administration.

Timescale

The provider must respond within one month (can be extended to three months for complex requests). 

Is There a Cost?

Access is generally free of charge. However, a "reasonable fee" can be charged for:

- Repeated requests

- Requests for additional copies

Can Access Be Refused?

Yes, access can be refused or limited if:

- It would cause serious harm to your physical or mental health

- It would reveal information about someone else (unless they consent)

Summary

The law in England and Wales supports your right to see your medical records, reinforcing transparency and personal control over your healthcare information. In our experience many clients find that they benefit from obtaining and reviewing their records - particularly when they are keen to learn more about their health and plans for treatment. However, reviewing medical records can come with certain emotional and practical risks. we will look at these in more detail in a separate article.