The Access to Health Records Act 1990 gives certain people a right to see the health records of somebody who has died. These people are defined under section 3(1)(f) of that act as ‘the patient’s personal representative and any person who may have a claim arising out of the patient’s death’.

You can obtain more information by visiting the Health Records pages from NHS England Here

Criteria for Access

The Access to Health Records Act, 1990 lays down strict guidance on what personal information can be provided to a third party regarding a deceased patient.  Our application form has therefore been designed to provide us with sufficient information to ensure that we only provide access to those who are legally entitled to receive this.

The Act gives certain people a right to see the health records of somebody who has died.  These people are defined under section 3(1) (f) of that Act as:

1. The patient’s personal representative.  This will be the executor or administrator of the deceased person’s estate.
2. Any person who may have a claim arising out of the patient’s death.

If you meet the criteria outlined above and wish to access someone’s records you should complete the AHRA Access Application Form.

We would like to draw your attention to the following points:

• NEXT OF KIN AND/OR FAMILY MEMBERS DO NOT HAVE AUTOMATIC RIGHT OF ACCESS TO THESE RECORDS

• Individuals meeting the criteria above will be required to provide proof, e.g., a copy of the will naming an executor or a letter from a solicitor regarding a claim;

• The Act only allows access to records recorded after 1 November 1991;

• You may not be able to see information which could cause serious harm to your physical or mental health, or anyone else’s;

• You may not be able to see information which could identify another person (except members of NHS staff who have treated the patient), unless that person gives their permission;

• You won’t be able to see the records of someone who made it clear that they didn’t want other people to see their records after their death.

Points to consider

Accessing health records and information is an important matter.  Releasing information may in certain circumstances cause distress.  You may want to speak to an appropriate health professional before filling in the form.

If you would like to apply to obtain the records of a deceased patient, please complete an AHRA Access Application Form paying close attention to the criteria outlined above.

Providing Evidence

You will need to provide evidence that you fall within one of these categories.  This is fairly straightforward if you are the representative of the Estate as summarised in category (1) above.  The Personal Representative can provide a copy of the Grant of Probate (if you are the Executor), or a copy of the Grant of Letters of Administration (if you are the Administrator).  You do not need to provide any reason for requesting the records.

The situation becomes more complicated if you are not the Personal Representative, but believe you may have a claim resulting from the person’s death.  For example, a person may die, leaving a spouse and children.  However, the deceased may have chosen to name someone else as Executor (for example, his brother).  In practical terms, the easiest way to obtain the records is always for the Personal Representative to request them.  Problems can arise when the Personal Representative does not want to bring a claim for the Estate because they may not wish to be involved in a legal process such as a medical negligence claim and therefore refuse to request the records.

If someone other than the Personal Representative feels they are entitled to bring a claim they will need to show evidence of their relationship with the deceased.