Question for a friend

[Ros1609]

My friend is divorced with 2 young children. He suspects his ex wife is not being entirely honest with him regarding the health of the children in particular the youngest who has chronic asthma and has apparently been hospitalised several times this year with the condition causing my friend to miss his access visits. He wants to get hold of the childrens medical records but isn't sure how to go about it and the GP's receptionist was less then helpful. Should he send a SAR with the £10 fee to the GP's surgery they are registered with? Should say he is named on both birth certificates as the father and has parental rights

[citizenB]

Is he registered at the same surgery as the children ? If so, perhaps he could ask for an appointment with a GP and ask.

[Ros1609]

He is but I think he wants to take his ex wife to court to get his access made more formal as she keeps cancelling it at short notice with various excuses

[citizenB]

Ah right. In which case yes, I guess you would need to write to the surgery, but whether by way of Subject Access Request of Freedom of Information request, I don't know the answer.

 

I think I would advise your friend to contact the Information Commissioner on Monday and ask how they would obtain medical records of the children.

[Ros1609]

Thank you very much. How would he go about contacting the Information Commissioner please?

[citizenB]

You can call the ICO helpline on 0303 123 1113 or 01625 545745. It's open between 9am and 5pm, Monday to Friday.

 

https://www.ico.org.uk/Global/contact_us

 

Here you go

[Ros1609]

Thank you so much

[citizenB]

[Panthro]

So he doesn't get to visit the kid in hospital or is it just a short admission? I assume he lives close by as he is registered at the same GP.

[Ros1609]

And how is that relevant to him getting a copy of his kids medical records?

[Panthro]

And how is that relevant to him getting a copy of his kids medical records?

 

Sorry didn't explain myself. If his visits were cancelled because of a hospital admission is he barred from visiting the child by the mother or is it such a short admission that visiting would be pointless. The reason would be is that if he could visit he could ask medical staff the situation. M

 

Regarding medical records I'm not sure about that one. Having parental responsibility and being named on birth certificate is obviously in his favour but I assume the mother Is the primary care giver and I'm not sure about the law in that regard. He should try and get access to the records and then if that fails to seek legal advice.

[Panthro]

Having a quick Internet search it would seem he has the right to see the medical records but the GP surgery will have to make sure it is appropriate eg an abusive partner trying to get the address of their ex via their child's records etc

 

An honest letter about his concerns describing his request should do. If not then a solicitor's letter might have more persuasion!

[Panthro]

Having a quick Internet search it would seem he has the right to see the medical records but the GP surgery will have to make sure it is appropriate eg an abusive partner trying to get the address of their ex via their child's records etc

 

An honest letter about his concerns describing his request should do. If not then a solicitor's letter might have more persuasion!

[Ros1609]

We know he has the right to see the medical records. He doesn't have any convictions for abuse against her, the boys or previous relationships but we suspect she may have told the GP's that he does because every time he has made the request he has been told he can't see them.

 

As for the hospital admissions we suspect their son was never there in the first place and shes using the asthma as an excuse to withold access. Which is why he wnats the medical records

[Panthro]

Well from the stuff I've read they have no right to withhold these notes without valid reason. A complaint to the practice manager/senior partner. It would be useful if he copied the relevant parts of the legislation. Then through the complaints process. A letter from a solicitor however might be more forceful and require them to act.