Access to Records
How can I see what information the Trust holds about me?
The General Data Protection Regulations (GDPR) provides rights to living individuals to know what information an organisation holds about them. Similarly the Access to Health Records Act (1990) controls access to deceased individuals’ information.
If you would like to find out what information the Trust holds about you, or would like to request a copy of your records, you can do so by following the steps below:
If you are currently under the care of one of the Cumbria Partnership NHS Foundation Trust healthcare teams you can ask to view your medical records during an appointment. If it is not possible for you to view your records during an appointment, a meeting can be arranged between you and your healthcare team at a mutually convenient time.
Please note, the Trust can only provide access to records held by the Trust. This does not include, for example, GP records or general hospital records, such as A&E records.
If you would like further information, or would like to receive a copy of your records, you can do so by completing one of our forms, please download:
Application Form 1 - Access to Records
Application Form 2 - Deceased Patients Records
Or by sending a letter or email to:
Access to Records Team
Maglona House (Unit 68)
Email Address: email@example.com
Telephone number: 01228 602000 (Ask for Access to Records)
Do I need provide any ID documents for accessing my records?
Yes. If you would like to receive copies of your records the following will apply:
The Trust is not allowed to release any information without being satisfied about the requester’s identity. This means that the Trust will ask you to provide:
- Copies of two identity documents, and one proof of address
- Consent from the patient if you are requesting on their behalf
- Evidence of parental responsibility, or power of attorney for health and welfare, if you are the Carer of a patient
- Proof of probate or letters of administration if the patient is deceased.
Will there be a charge?
The Trust will not charge for providing you with your copy records. However, the Trust may charge a fee for any subsequent copies of the same information that you might request from us (we will base the fee on the administrative cost of providing the information).
If a request is manifestly unfounded or excessive (particularly if it is repetitive) the Trust may also charge a fee for providing the information.
What happens after I have written to request copies of my records?
- Once the Trust has received your request, one of the Access to Records Team will acknowledge your application within two days, and inform you whether you need to provide any further information.
- Your records will be sent out a month after the Trust has received the relevant documentation.
Who has the right of access?
a) A patient or member of staff.
b) A person authorised in writing to apply on behalf of the patient.
c) A person having parental responsibility for a patient who is a child: however please note that for any application for access to a child's or young person's health record, the Trust is obliged to consider the following:
- where possible, the child's level of maturity and their ability to make decisions with regard to access
- the nature of the personal data
- any court orders relating to parental access or responsibility that may apply
- any duty of confidence owed to the child or young person
- any consequences of allowing those with parental responsibility access to the child's or young person's information
- any detriment to the child or young person if individuals with parental responsibility cannot access this information
- any views the child or young person has on whether their parents should have access to information about them.
d) Any person appointed by the Courts to manage the affairs of a patient who is deemed to be incapable.
e) Where a patient has died, the patient's personal representative (usually the executor of the will, or person granted probate or administration), or any person having a claim arising from the patient's death. Please see the Trust's leaflet - requesting medical records after a death.
Can access be denied to me?
There are sections in the regulations which state that under certain conditions access can be refused. Instances where access can be denied are:
• Where the holder of the records is not supplied with such information to satisfy themselves as to the identity of the applicant and locate the information requested
• Where the patient has died and the record includes a note made at the patient's request that they did not wish access to be given to their personal representative or to any person having a claim arising from the patient's death
• Where in the opinion of the record holder, the information may cause serious harm to the physical or mental health of the patient or other individual
• Where information is provided by a third party, who would be identified from that information
What if I do not agree with what is written in the records?
Records which contain factual inaccuracies may be corrected after discussion with the appropriate health professional. This does not apply to matters of opinion which may be written in the course of your treatment. If after talking to the health professional concerned you wish to raise concerns about the content of your records, or how your information is being used, please contact Patient Advice and Liaison Service (PALS) to ask them to help you to liaise with the service to discuss it further firstname.lastname@example.org, Freephone 0800 633 5547.
To find out more on how the Trust manages your information, please see our Privacy Notice
Where can I find out more about the General Data Protection Regulations and the Access to Records process?
More information about accessing your medical records can be found at NHS common questions ‘How do I access my medical records (health records)?’
For more information about accessing someone else’s records see also: