Children and young people under the care of Sheffield Children’s have a right to see the information that we keep about them. Asking to see a copy of this information is referred to as a ‘subject access request’. This page talks you through everything you need to know about requesting medical records.
Types of information you can request
You can request:
- Medical records about a child or young person’s care
- Medical records about a child or young person who has died
Information that we cannot provide
Exemptions
There may be times when we aren’t able to provide complete information. In these cases, the Data Protection Acts means we have to block out some parts (redact) the information or a whole piece of information may be withheld. Some of these examples are listed below.
- where the information released may cause serious harm to the physical or mental health or condition of the patient, or any other person
- where access would disclose information relating to or provided by a third party such as another patient
- the patient has made a specific request and has an expectation of confidentiality
- the information is no longer available due to govenrment guidance on retention and deletion practices
Continuation of care requests
If your request is for the purpose of continuing your child’s care, your consultant can make a direct request for the records they need.
To do that, the consultant will need to send a request to: scn-tr.edmsadminteam@nhs.net, quoting the patient’s full name, date of birth, NHS number and stating what records they need.
It is not possible for you to ask them yourself using this method as your consultant needs to request them in a professional capacity.
Legal requests and court orders
Any request for records by the police or court, in relation to the prevention or detection of crime, court proceedings or claims against this Trust are dealt with by the Legal Team – contact scn-tr.schlegalgov@nhs.net
Copies of letters or documents already received
For copies of documents you have previously been sent you should approach the department that sent them initially. See our list of departments with contact details listed on each page. You can also call our switchboard on 0114 271 7000 and request to be put through to the department you need.
Subject access requests – who can request medical records?
A request for medical records that we hold can be made by:
A child or young person - the 'patient'
The child or young person the information is about. Data about a child belongs to them and nobody else.
Children over the age of 13 are usually considered to have the capacity to give or refuse consent to parents or those with parental responsibility requesting access to their health records. A person with parental responsibility (as defined in the Children Act 1989) can make an application on the behalf of a child if it is shown that the child does NOT have capacity or it is made with the child’s knowledge and agreement.
A person with parental responsibility will usually be entitled to access the records of a child who is aged 12 or younger without their agreement.
A parent or carer
A parent, legal guardian or their representative. If the child you are requesting on behalf of is mature enough to understand their rights we may provide the data directly to them.
Third parties
Solicitors or others acting on the patient’s behalf.
Proof will need to be provided of permission or authority to see this information and we may send the information directly to the child or young person so that they can share it with any third parties they choose.
Those with a right to access information about a child or young person who has died
Proof will be needed to support access by the patient’s personal representative (this will be the executor of the will or the administrator of the estate) or any person who may have a claim arising out of the patient’s death.
What you’ll need to submit a request
You’ll need to provide proof of identity and proof of your right to request this information, such as proof of authority or parental responsibility.
Proof of identity includes:
- birth certificate
- passport
- driving licence
Proof of parental responsibilty or authority includes:
- Full birth certificate of the patient, showing parent’s names
- Short birth certificate along with marriage certificate of parents
- Full certificate of adoption
- Parental responsibility order
- Court of Protection order appointing you as personal deputy for the personal welfare of the patient.
- Any document that is provided by a public authority that supports your entitlement
You should send copies or scans or photographs of these documents, rather than the originals as we are unable to guarantee the safe return of original documents.
How long does it take?
We normally reply to your request within one month, but it can take up to three months. If you have made a number of requests or your request is complex, we may need extra time to consider it. We can then take up to an extra two months to respond. We will inform you if it is going to take longer than one month.
Does it cost money to make a request?
No, we must provide a copy of the information free of charge. However, Sheffield Children’s can charge a “reasonable fee” when the request is excessive or repetitive.
How will I receive this information?
The Trust will provide the information electronically by secure file transfer to the email address you provide us with.
If you have a communication or access need that means an alternative method of getting this information is necessary, please state this in the “What Information Do You Require?” section when submitting your application.
Your rights
You can find out more about your rights to access your information at the Information Commissioner’s Office website.
Legal information
Sheffield Children’s NHS Foundation Trust keeps personal information for various reasons: Your information – Sheffield Children’s NHS Foundation Trust (sheffieldchildrens.nhs.uk). The main reason is so that we can use personal information to provide patients with the best possible care. The Data Protection Act 2018 (DPA18) sets out rules to govern which personal information we can keep and use, how we do it and when we must stop.
The DPA18 defines ‘personal data’ as, “any information relating to an identified or identifiable living individual”. The Information Commissioner’s guidance about a data subject’s rights under the DPA18 can be found here: For the public | ICO. It is important to note that healthcare data is given special protection under the DPA18, including exemptions from and restrictions to your right of access, because healthcare organisations are obliged, by law, to keep certain information. It instructs us to remove certain healthcare information from any records we disclose to you:
- Information provided by the data subject in confidence or with the expectation of confidence, where the data subject is under 18 and the request has come from a parent or guardian
- Information where the serious harm test is met (a health professional considers that disclosure would lead to serious harm to the physical or mental health of any individual)
- Information to be processed by a court
- Personal information that relates to someone other than the data subject.
Application forms for making a request
Make sure to choose the right form, complete it fully and send it to: scn-tr.schsars@nhs.net
