Request access to health records

 

We ask you to share information with us so that we can provide you with the highest standard of care we possibly can. This information is known as your ‘Health Record’ and is stored securely by The Walton Centre in both paper and electronic forms. This information provides NHS staff with the information they need in order to ensure that the delivery of your care continues to be of the highest standard.

In this section you can find out how to access the information The Walton Centre gathers and uses as part of your care.

Can I access my health records?

Yes, under Data Protection legislation, individuals have the right to access their own information held by us; however, there are a few exceptions, e.g. if you are still undergoing treatment. Please talk to the healthcare professional responsible for your care about this.

If you are no longer receiving care, then please contact the Subject Access Request Team for access to your Medical Records. wcft.sarlegalrequests@nhs.net 

Please note X-rays/scan results and clinic letters can take up to four to six weeks to be reported, please allow this time frame to pass after your appointment prior to requesting information.

The Trust can only release medical records and scans held or performed at The Walton Centre. If you have been seen at another Trust, you will need to contact them directly for copies of your health records at their organisation.

How much does it cost?

As of 25 May 2018 there is no longer a charge for this service. However, you may be charged a reasonable fee for repeated requests for further copies of the same information.

 

Can I be refused access?

For the majority of requests you will be allowed access to your records. However, in some instances access may be denied to all or part of your records for the following reasons:

- If your doctor or another senior healthcare professional thinks seeing your records before seeing one of them could cause you or another serious harm or distress.

- If the information involves an identified person, who does not consent to this information being disclosed. This does not include healthcare professionals.

- If you are applying on behalf of someone who has died or who is not cable of managing their own affairs and they originally instructed that the information should not be disclosed.

 

How do I apply to access my health record?

If you would like to apply to access your health records, we ask you to kindly complete our application form for us to gather all the information needed and return it to us via post or email (details below) along with copies of two forms of ID. Once the completed application form has been received, your application will begin to be processed.

This form is for patient/family use only. Please note if you are acting on behalf of a patient who does not have capacity to complete a form themselves you need to ensure you supply the correct documentation for the Trust to release this information.

Please note this application form is for medical records only. If you require information in relation to complaint files, NHSmail box access or anything other than copies of health records please ensure you contact the Information Governance department directly to action this request wcft.information.governance@nhs.net.

All solicitor/agency requests should be made via a headed company letter along with signed consent from the patient.

 

What information can I request?

You can request many different types of information that are held about you. For example:

• information from your health and care record
• information about who your record has been shared with
• communications about you for example emails, text or mobile messages

You can request a specific piece of information, or all the information that an organisation holds on you.

 

When will I get a response?

The organisation must respond within one calendar month of you making the request, although that time may be extended up to three months if the request is complex. However, if this is the case you will be told of the extension within the first calendar month.

 

Can someone else make a SAR on my behalf?

Someone else can submit a SAR for you – for example, a solicitor, family member or friend acting on your behalf. They will need to provide evidence that you have agreed to the request, such as a signed consent form.

 

Can I make a SAR on behalf of someone I hold registered lasting power of attorney status for, where they lack capacity?

If you have a registered lasting power of attorney for health and welfare for someone who has lost capacity, you can submit a SAR on that person’s behalf. The lasting power of attorney status will need to have been registered with the Office of the Public Guardian.

If you do not have a registered lasting power of attorney for health and welfare but you can provide evidence that you are acting in someone else's best interests (and they lack capacity) then your request will be considered. An example is where you were supporting someone who lacks capacity with a move to a new care home.

 

I’m a young person – can I make a SAR?

You can make your own SAR as a young person as long as there is evidence that you adequately understand your rights. Typically, young people aged 13 and over are considered to have a good enough understanding to submit a SAR unless there is information to suggest otherwise. For young people under 13, they may also be able to submit their own SAR as long as there is evidence that they also understand their rights.

I have parental responsibility – can I make a SAR on behalf of a young person?

A young person can exercise their own data protection rights so long as they are deemed competent to do so. Typically, a young person aged 13 and over would be considered competent to make a SAR, unless there is information to suggest otherwise. Therefore, in most cases SARs made by a person with parental responsibility on behalf of a young person aged 13 or over will need the consent of that young person.

Similarly, there may be information to suggest a young person under 13 has adequate understanding to be considered competent to make a SAR.

If a young person of any age does not have sufficient understanding to exercise their rights themselves or consent to their parent exercising their right for them, health and care organisations may allow a person with parental responsibility to exercise the young person's right to make a SAR (so long as this is considered to be in the best interests of the young person).

 

Download the application form

By email: wcft.sarlegalrequests@nhs.net

By post:

SAR Legal Team
Subject Access Requests
Information Governance Department
2nd Floor, The Sid Watkins Building
Lower Lane
Liverpool
L9 7BB

Or telephone: 0151 556 3425/3426

 

What are my rights?

Data protection laws give individuals rights in respect of the personal information that we hold about you. These are:

1. To be informed why, where and how we use your information (right to be informed)
2. To ask for access to your information (right of access), also known as a subject access request
3. To ask for information to be corrected if inaccurate or incomplete (right to rectification)
4. To ask for your information to be erased or removed (the right to erasure) (this does not apply to an individual’s health or care record or for public health or scientific research reasons).
5. To ask us to restrict the use of your information (the right to restrict processing)
6. To ask us to copy or transfer your information to other providers in a safe and secure way, without impacting the quality of the information (the right to data portability)
7. To object to how your information is used in certain circumstances (the right to object)
8. To challenge any decisions made without human Intervention (automated decision making) (the right not to be subjected to automated decision-making)
9. We have a legal obligation to ensure your information is accurate and up to date. We are however only obliged to make corrections to your records if the record contains incorrect facts such as name, address etc. If you believe that medical information or a clinician’s opinion that is noted on your file is incorrect this cannot be changed for safety reasons however a note can be added to your file with your view.

You can find further information on the Trust's privacy notice which is available here.  

If you still require further information in relation to your request please forward your request to the Information Governance Department via wcft.information.governance@nhs.net