As a general rule, only those with parental responsibility have the legal right to access information about a child’s medical records. If your child is under the age of 16, then you may be able to see your child’s medical record, but you would need to prove you had parental responsibility.
As a general rule, only those with parental responsibility have the legal right to access information about a child’s medical records. If your child is under the age of 16, then you may be able to see your child’s medical record, but you would need to prove you had parental responsibility.
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Throughout the UK, a mother automatically acquires parental responsibility at birth, but the acquisition of parental responsibility for fathers varies according to where and when the child’s birth was registered. In England and Wales, a father acquires parental responsibility if he is married to the child’s mother at the time of the birth or they marry at a later date. Any unmarried father obtains parental responsibility if he is recorded on the child’s birth certificate at registration or upon re-registration, enters into a parental responsibility agreement or it is stated in a court order.
Parents do not lose parental responsibility if they divorce or separate, neither can it be relinquished without a court order.
Can one parent withhold medical information from the other parent?
In very rare circumstances, withholding medical information may be appropriate and authorised by a court, such as in domestic abuse situations. The starting point is that medical information relating to a child should be shared between its parents when both hold parental responsibility. But where records are withheld and cannot be resolved, the parent wishing to obtain the records may need to make an application to court for a specific issue order asking the court to order disclosure.
When children become competent, they can decline to share their own medical information with their parents, which may add an extra level of complexity to court proceedings.
Can I access my child’s medical record online?
As a parent, there may be times when you wish to see your child’s medical records online. This is termed by the NHS as “Proxy Access”. Parents who have online access to their child’s medical record via proxy access will automatically lose it when the child turns 11. Parents can make a further request for access; however, the child will need to be assessed for competency by a GP to continue their parent having access to their records. If they are deemed competent, the parent’s access may be curtailed.
In real terms, if a child declines to allow a parent access to their medical record from the age of 11, the NHS is bound to respect that decision. Where a child is not competent to make a decision, perhaps because they have a learning disability, for example, the GP will assess and decide that proxy access for the parent can continue.
What if I have parental responsibility and my ex is refusing to disclose medical information about my child?
If your ex is refusing to disclose medical information to you about your child, if you have parental responsibility, you will have the legal right to directly approach the child’s GP or medical practitioner to formally request the information.
For confidentiality purposes, the GP may ask the parent to demonstrate they hold parental responsibility before making the disclosure. If access is denied, a complaint can be made to the surgery practice manager.
If the child has relocated to another area and the surgery has changed, and the parent making the request is unaware of the location of the new GP practice, they can write to the Area Health Authority with proof of parental responsibility, who will then provide information of the new surgery details.
Proof of parental responsibility includes:
- A copy of the child’s birth certificate
- A copy of your marriage certificate if married after the child’s birth and not named on the birth certificate
- A letter from a solicitor confirming parental responsibility status
- A copy of a parental responsibility agreement
- A copy of a court order showing parental responsibility and/or a child arrangements “lives with” order
Do children have a say in whether their personal information is released to parents?
Once a child reaches the age of 16, they will be consulted before their personal information is released to parents. There are instances, for example, where an absent parent requests information, and, where the child does not wish for their information to be disclosed. The surgery where the request is made is entitled to act in accordance with the wishes and feelings of the child and refuse to disclose. In addition, the requirement to act according to the wishes and feelings of the child will be overridden if they are at risk of significant harm.
What happens if access to medical records is denied?
If a parent asks a GP for access to their child’s medical records, where there is no obligation to seek consent from the other parent or to tell them about the request, they may still take action to make the other parent aware.
It is the priority of GPs to act in the best interests of the child at all times and if they believe there to be any doubt that the person making the request has parental responsibility for the child, they can ask for proof. As stated above, you can make a formal complaint to the surgery’s practice manager regarding any refusal to disclose.
If your ex is refusing to grant you access to your child’s medical records, and the GP surgery is supporting them, you may need to consider applying for a specific issue order to deal with disclosure. On the other hand, if you are the parent wishing to deny your ex access, then you may want to apply for a prohibited steps order to prevent the disclosure from taking place.
What happens if a child is taken into care or adopted?
If a child is under the temporary care of the local authority, foster parents can be granted parental responsibility and will share this with the child’s parents. If a child is removed permanently from the parents care or is adopted, the birth parents will have their parental responsibility for the child removed and the adoptive parents will be granted it instead. Here, without parental responsibility, the parents have no rights to request access to the child’s medical records.
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