Access to health records of a deceased person - Guidance notes
Who can apply for access?
The Access to Health Records Act 1990 provides certain individuals with a right to
apply for access to information contained within a deceased patient’s record.
These individuals are defined under Section 3(1)(f) of the Act as, ‘the patients
personal representative and any person who may have a claim arising out of the
patient’s death’.
A personal representative is the executor or administrator of the deceased person’s
estate.
Under the legislation, next of kin do not have an automatic right of access to health
records.
Please note that a charge may apply as specified by the Access to Health Records
Act 1990.
The Trust is not obliged to comply with your access request unless they have
sufficient information to identify the deceased patient and to locate the information
held about them. You may also be required to pay a fee as described above.
How to apply for access?
1. Complete the ‘application for access to health records of a deceased patient’
form. This is available on the Trust website www.southwestyorkshire.nhs.uk
or by contacting the relevant health records department in your area
2. Provide two forms of proof of identity, such as a passport and driving licence.
3. Provide proof that you are an individual able to request access i.e. a person
with a claim arising out of the patient’s death or the patient’s personal
representative. Examples of acceptable evidence for this are outlined below:
Type of applicant
Patients personal representative e.g.
executor or administrator of estate
Type of evidence
Documentation identifying them as the
executor of the will or the administrator of
the deceased patient’s estate.
The evidence could be:
 Solicitors letter
 Copy of the will / Probate
documents
 Letter from the executor to give
authority to another individual to
have access to the records.
Person with a claim arising out of the
patient’s death
The evidence could be:
 Solicitors letter
 Insurance claim / letter
 Evidence of a genetic problemdoctors or solicitors letter to
support
How long will it take to process the request?
Once you have supplied all the required information, we should process your request
within 40 calendar days. If the health record has been updated within the last 40
days, the request should be processed within 21 calendar days.
If the evidence you have provided us with is not sufficient, this will hold up your
request.
In exceptional circumstances it may not be possible to supply the information within
the timescale. If this is the case we will inform you of the delay and give you a
timescale for when your request is likely to be met.
If the Trust feels that you have not met the requirements set out in legislation to be
provided with the information, the Trust will not process your request.
What information will be in the record?
Information about personal treatment and care is confidential and if a patient
indicated their wish not to release information whilst they were alive then that wish
must be considered by a health professional.
The act only allows access to information created after November 1991and only to
information that is relevant to any claim.
In some circumstances the Act permits the Trust to withhold information held in the
health record. These cases include but are not limited to:

Where it has been judged that supplying you with information is likely to
cause serious harm to the physical or mental health to yourself or others,
or where another person has been mentioned or provided information
(third person). This exemption does not apply where that third person is a
health professional who was involved in the care of the patient
If you are not satisfied with the Trust’s response to your request for access
If you think the Trust has failed to disclose information to you without good reason, in the
first instance you should write to the team that handled your request explaining why
you are dissatisfied with the response and asking for a review to be carried out.
If you remain dissatisfied and wish to make a formal complaint you can do this by
contacting the Trust’s customer services team. You can:
Tel:
0800 587 2108
Email: [email protected]
Write: Customer services
South West Yorkshire Partnership NHS Foundation Trust
Block 10, Fieldhead
Ouchthorpe Lane
Wakefield
WF1 3SP
Independent advice
If you remain dissatisfied with the Trust's response you can contact the
Information Commissioner’s office, who is responsible for enforcing access to health
records.
Tel:
0303 123 1113 (local rate) or 01625 545 745 (national rate)
Address: Information Commissioner Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Website: www.ico.org.uk