Home > Parent's Rights > Accessing Your Child's Medical Records: Your Rights

Accessing Your Child's Medical Records: Your Rights

By: Elizabeth Mugan BA/BSc, PGDipLaw, BVC, CIArb - Updated: 23 Oct 2023 |
 
Child Children Medical Records

As a loving parent, there may be times when you wish to see your child's medical records. There are two different scenarios as to when this might occur:

  • If you are separated from the mother/father of your child and are not aware of their full medical information but would like to be; or
  • You believe that your child has been seen by a doctor without you being present and you are worried for their health and well being.
In both of these scenarios, you will want to know whether you are entitled, as a parent, to know this information.

Do Parents Have the Right to See Their Children’s Medical Records?

If your child is under the age of sixteen then you may be able to see your child's medical records. Firstly, you must have Parental Responsibility for your child. If so, you can apply to a health professional for information and they must provide it. If you wish to see a GP or other medical practitioner, they are obligated to see you and to discuss matters relating to your child's health. If you contact the medical practice and are having difficulty with access, then it is best to put your request in writing.

Do You Have Parental Responsibility?

If you are the birth mother of your child, then you naturally have Parental Responsibility. If you are a father, however, you may not have Parental Responsibility. You may have it if you were married to the mother of the child at the time of the birth or through one of the following:
  • The mother has agreed that you have Parental Responsibility;
  • You have been granted a Parental Responsibility Order by the Courts; or
  • You jointly registered the birth of your child with the mother (after 01 December 2003).

Can You Be Refused Information?

The answer is yes. If it is considered in their best interests to share information with you and if the child is considered too young to understand your application, then the health professional will usually share information. They can only pass information on to you if they have your child's consent.

If, therefore, you child is a teenager and they have asked the doctor something that they wish to be treated in confidence, then you will not be informed upon request. There are teenagers who wish to talk to their doctors about matters concerning them such as birth control, without their parents knowing.

They may also refuse information if they believe that their patient will suffer serious harm to their physical or mental well being or to any other individual. Other scenarios may include where your child's information contains further information about another individual and upon revealing your child's information, the other individual's right to confidentiality could be trespassed.

How Should You Approach a Health Professional for Information?

If you try to contact you GP or any other health professional and are unsuccessful, then the best way to make a formal request is to put it in writing. If you include a copy of your Parental Responsibility Order or marriage certificate, or your child's birth certificate with your name on it (after 01 December 2003 if you are named as the father), then this might speed up the process. If you do not include this, then you may be asked to provide it at a later date.

What Can You Do If Your Request Is Refused?

As detailed above, there may actually be a really good reason as to why your request for information has been refused, though perhaps, as a concerned parent or guardian, you may not agree. If you are really concerned, you should ask the professional how you can make a complaint.

The first person to complain to is the General Practice Manager. If this does not work, then you may wish to apply to the Information Commissioner or to the Local Area Health Authority, if you wish to access records, which have been refused.

What About If You Do Not Know Who Your Child's Doctor Is?

If you are unable to find out who your child's doctor is, for example, their other parent has not told you, then you can contact the Primary Care Trust or your Local Area Health Authority (the Local Authority in which your child resides) to ask for the details.

You must make a request in writing, again making sure that you include proof of your Parental Responsibility.

In summary, it is understandable that as a worried parent, you want to know all about your child's life. For younger children, it is important for you to be highly involved in their health. It is important, however, to remember that a health professional has an overall duty to do what is in the best interests of their patient and sometimes that means keeping their information confidential.

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My son is 13, the doctors stopped me even ringing on his behalf for information. We were then asked to complete and sign a form where he gave consent for me to access his medical records. My son wants me to have access and I make and attend all appointments with him.The surgery has said because of his age I can only have access to appointments and prescriptions and summary record which is blank. We both thought we were accessing all as he is going thru tests etc and would be good to see these cos we forget info sometimes after an appointment. Is this right can they withhold after consent given, without him withdrawing consent which he knows he has a right to do and I will tell him to do if we get to a stage he wants his privacy over his records.
Subaru - 23-Oct-23 @ 9:47 AM
My daughter (2) has badly decayed teeth due to her paternal grandmother. My estranged husband kicked me out of the family home while i was 9 months pregnant with my 2nd. My eldest's dentist referred her to the hospital to remove a few teeth. Do i have to inform my husband of this and all other info such as where it will take place, and what date it will be on? Or can i just inform him of the operation and thats it? Thank you
Lerb - 8-Dec-22 @ 12:35 AM
I’ve been divorced from children’s mother for about 8 years. I’m named on birth certificates and have parental responsibility and they reside with mother. My concerns are; in many decisions regarding children, including medical situations, whilst I get informed of situations and outcomes, it’s usually well after event, or after a decision has been made and there’s been little discussion. I discovered this year that the eldest had been self harming. When I became aware, I discovered that not only had this been going on for a number of months, the mother had been deliberately keeping this information from me including persuading my eldest that it was best I didn’t know. I messaged the mother to discuss situation and asked when situation started, who was aware and what treatment or support had been taking place. All I got in response was that school was aware but not GP and no dates regarding how long it has been happening or why the GP had not been notified. When I push I get accused of not trusting her along with, “this isn’t helping our child”. Now my youngest is undergoing assessment for ADHD. Something I suggested 2 years ago and was told that I wasn’t a medical professional and should stop making sensational assumptions. The initial assessment indicates he has a level of ADHD but the mother won’t give me any official reports or inform me of appointments. She’s controlling the situation and not consulting prior to any decisions around strategies, support or available treatment. When she informs me of updates, if I ask questions or challenge anything she shuts me down as being awkward, not acting in best interests of children etc. In this instance i feel that the strategy she is following, whilst not malicious, might not be in best interests of child. How do I get included in debate with the healthcare professionals independently?
Kloppite69 - 21-Nov-22 @ 8:12 PM
I tried to get medical notes i have pr and they took ages sw obviously found out asked y I'm asking for them I sed cos I want to c them she sed no ur not allowed they the kids r not under my care in the end the docs sent out medical notes from when they was wiv me not since they bin took
Mammabear - 11-Jul-22 @ 9:21 PM
Hello, My daughter is 16 years old and shy. She likes to leave all the job with her medical issues on me. I asked gp about the medical report. But they told me that I need a consent to discuss my daughter health. Don't I have a parental responsibility until 18? In hospital told me that I don't need any consent from my daughter as she is still under age. What is the right procedure? Thank you.
VS - 20-May-21 @ 5:05 PM
How do I get copies of my son’s medical records from the hospital? After a nightmare between two different hospitals regarding an eye operation that was stopped at the very last min (just before he was taken into theatre that day) both hospitals are blaming each other for it and I want to get to the bottom of it and to see what is written in his medical notes from both hospitals.I did request this from one hospital but I was told they may not be able to do it and that it was basically down to the dr/consultants discretion to provide this information
Rebekah Taylor - 15-May-21 @ 11:00 AM
6 years after the end of our relationship, my ex is now wanting our 3 children's medical records. This is because he is accusing me of lying about additional needs that our son actually has a diagnosis for. Can I actually ask the surgery to refuse to give these?
Bex - 27-Jan-21 @ 6:12 PM
My partner is trying to allocate his daughter's whereabouts as his ex wife has taken the daughter moved house and changed her number his daughter is 6 can he ask for his daughter's medical notes to ser if the wife has updated her address with the g.p?
M - 12-Sep-20 @ 3:52 PM
I am concerned my daughter when she was fifteen was moved to a different doctor by my ex husband when she was fifteen without my consent or knowledge . She lives with her father but he has not been given the resident parents order
Cassie - 10-Apr-20 @ 4:13 AM
I have asked my ex for my 2 year son's medical record as I haven't seen it since we separated over a year ago. She has clearly stated she has the right not to share it with me as she doesn't want to. I have also asked for his GP address and she refused citing the above. I believe neither parent has exclusive right on the child and I have as much right to his medical record as she does. I will want to be present at my son's medical appointment and want to have detailed knowledge of his medical history till date, considering be has been to the hospital quite often recently. How do I approach this please?
Abbey - 28-Feb-20 @ 1:14 PM
What is the problem with co-parenting? Stop being so insecure and causing the other parent extra stresses by having us read up on queries like this. It is very lame and the children turn out bigger idiots than the idiot parent. Real talk.
Proud father - 27-Nov-19 @ 6:32 PM
Hi There, I have just found out that my ex partner new girlfriend has been taking my daughters to the dentist and signing consent forms indicating she is has PR on my children which she does not. My daughters live with me and see their father every other week end. Is there any action I can take against them both for allowing this to happen?
C2B83 - 24-Sep-19 @ 10:41 AM
i have just tried to get my kids medical records and have been told i cant have them as the mother of them has said she does not want me to have them.i have PR so how can they say no just cause my ex does not want me to see them?
spadge - 19-Apr-19 @ 1:05 AM
My ex and I are currently going through a custody battle with our 3 year old, he is not on our son's birth certificate and has no parental rights, however my ex has approached our GP and requested to see our son's medical records, he claims he has a court order and letter from solicitors, is this possible as I have not received any copy of the court order and I thought he would have to first apply to be on our son's birth certificate before he can begin any legal proceedings.
Danny - 11-Apr-19 @ 9:54 AM
My son is 16 can I ask to see details of appointments with counsellors he had when he was 15 without his permission?
sws - 7-Mar-19 @ 10:50 PM
Hello good afternoon, my daughter is 20 Years old now,a few weeks ago she requested her medical records from the GP, now she has received it and in her medical record they have included my Medical diagnosis, i haven't told my daughter about my Medical Condition, was my GP surgery right to do that, at the moment my family is also falling apart because of that, i wanted to tell my children when i think the time is right, but right now am going through somuch stress my daughter don't speak to me and worried about her younger sister and all of us, at the moment i don't sleep at night all because of this the stress is somuch, please can i get some advise
Ros - 24-Feb-19 @ 5:20 PM
Hi I have recently obtained my daughers medical records from her surgery for support in an ongoing court case, some entries have redacted information which is understandable but the one entry we were really interested in, the whole thing is redacted. No information is visible apart from the appointment date and Dr? Is this right? I can understand redacting sensitive information but the diagnosis is surely the most important and classed as non sensitive as I can see all others?
Piers - 17-Sep-18 @ 1:43 PM
My partners daughter hasn't been to school for nearly a year, she has been assessed for ASD but neither the school or SEN department will tell him what the outcome is, the reason given is that she, his daughter and his ex say he shouldn't be given the information, can this be withheld legally ?
Helpme223 - 18-Jun-18 @ 9:25 PM
dbflex - Your Question:
I sent a letter to my son's surgery over two weeks ago (signed for so I know it was delivered) but have received no response. Should I wait longer and what would the next step be?

Our Response:
If you have not yet received a response follow up with a reminder note. If that elicits no further response, make a complaint to the relevant Clinical Commissioning Group.
LawAndParents - 24-Apr-18 @ 12:30 PM
I sent a letter to my son's surgery over two weeks ago (signed for so I know it was delivered) but have received no response. Should I wait longer and what would the next step be?
dbflex - 23-Apr-18 @ 9:25 AM
My partners daughter is 17 .her mother has deliberately refused my partner access to the child. The other 2 children live with my partner. The child has mental health issues being diagnosed with Bi Polar. And has just been sectioned. Both the other children have mental health issues which the mother couldn't handle so the children live with their father. The father is concerned and wants to find out where and how his daughter is but the mother is refusing. What legal steps can he take
Pj - 22-Apr-18 @ 4:08 PM
dbflex - Your Question:
Following up, the local primary care authority approached my son's mother for permission to have access to his medical records. This is despite my proving parental responsibility. Are they allowed to do this?

Our Response:
No they should not ask for the mother's consent unless there is a record of DV, abuse etc
LawAndParents - 21-Mar-18 @ 3:07 PM
Following up, the local primary care authority approached my son's mother for permission to have access to his medical records. This is despite my proving parental responsibility. Are they allowed to do this?
dbflex - 20-Mar-18 @ 10:39 AM
I have asked the primary care authority who my son's GP is as he and his mother hardly speak. That was three weeks ago - they said my request has been passed to the appropriate department but they will not provide a direct contact. What can I do?
dbflex - 16-Mar-18 @ 9:52 AM
Having difficulty with obtaining my daughter's medical records through her doctors. I have written letters but my requests have been denied on the bases that I need a court order to obtain them 2nd letter I sent with relevant info from .gov website I had no response. I'm getting concerned for my daughter's health and well being where can I go now
Mexmatt - 14-Mar-18 @ 12:09 PM
Jules - Your Question:
HiAlthough it states that your child has to give permission for you to access their records, does this still apply if they are in a mental institution?

Our Response:
Here's what the BMA says:
"Patients with mental disorders or learning disabilities should not automatically be regarded as lacking the capacity to give or withhold consent to disclosure of confidential information. Unless unconscious, most people suffering from a mental impairment can make valid decisions about some matters that affect them. An individual’s mental capacity must be judged in relation to the particular decision being made. If therefore a patient has the requisite capacity, requests for access by relatives or third parties require patient consent. When patients lack mental capacity, health professionals are likely to need to share information with any individual authorised to make proxy decisions. Both the Mental Capacity Act in England and Wales and the Adults with Incapacity (Scotland) Act contain powers to nominate individuals to make health and welfare decisions on behalf of incapacitated adults. The Court of Protection in England and Wales, and the Sheriff’s Court in Scotland, can also appoint deputies to do so. This may entail giving access to relevant parts of the incapacitated person’s medical record, unless health professionals can demonstrate that it would not be in the patient’s best interests. These individuals can also be asked to consent to requests for access to records from third parties. Where there are no nominated individuals, requests for access to information relating to incapacitated adults should be granted if it is in the best interests of the patient. In all cases, only relevant information should be provided."
LawAndParents - 12-Feb-18 @ 10:12 AM
Hi Although it states that your child has to give permission for you to access their records, does this still apply if they are in a mental institution?
Jules - 9-Feb-18 @ 12:03 PM
kelly - Your Question:
In my son's younger years he was diagnosed with ADHA, and other Mental, and Nervous disorders, and was placed on numerous medications. He had changed Doctors numerous times throughout his younger years, (Due to the Doctor leaving the practice, or our family moving out of state.) and each had either removed him from one medication, or added to them. At the age of 16 he decided he no longer wanted to take these medications due to the fact that they were causing other problems. The Doctor he was seeing at that time had no objections to his request. He is now currently 22 years of age, and has not suffered from any symptoms, or side effects of the disorders the Doctors diagnosed him of having, or from the medications he once took for them. Over the past 8 years either my recently deceased mother-in-law, or myself has tried to obtain life insurance on him as we have done with my other children, and have been denied coverage for him the fourth time now due to something in his medical records from a previous Doctor he had seen when he was 13 years old. My question is even though he is now 22 years of age can I be granted access to his medical records with his consent to see what is in his medical records that keeps getting him denied for life insurance being that I was responsible for him during that time frame?

Our Response:
Your son can ask for access to his medical records - he could let you know if there was anything pertinent in them that might affect his life insurance.
LawAndParents - 18-Dec-17 @ 2:50 PM
In my son's younger years he was diagnosed with ADHA, and other Mental, and Nervous disorders, and was placed on numerous medications. He had changed Doctors numerous times throughout his younger years, (Due to the Doctor leaving the practice, or our family moving out of state.) and each had either removed him from one medication, or added to them. At the age of 16 he decided he no longer wanted to take these medications due to the fact that they were causing other problems. The Doctor he was seeing at that time had no objections to his request. He is now currently 22 years of age, and has not suffered from any symptoms, or side effects of the disorders the Doctors diagnosed him of having, or from the medications he once took for them. Over the past 8 years either my recently deceased mother-in-law, or myself has tried to obtain life insurance on him as we have done with my other children, and have been denied coverage for him the fourth time now due to something in his medical records from a previous Doctor he had seen when he was 13 years old. My question is even though he is now 22 years of age can I be granted access to his medical records with his consent to see what is in his medical records that keeps getting him denied for life insurance being that I was responsible for him during that time frame?
kelly - 15-Dec-17 @ 10:19 PM
Where to start! I split from my ex wife when the two boys were 5 and 3. They are now 16 and 14. It has always been a constant battle to maintain healthy contact with them due you obstacles being placed in the way. Four years ago I had to engage a solicitor as it would have been the 5th Christmas in a row that I was promised time with the boys only to have it removed. However, this all pales into insignificance. In July 2016 I took both my sons to Italy for my wedding. Five months later, as I'm negotiating Christmas with the boys I have a huge bombshell dropped on me. I am told that my son was diagnosed as being bipolar back in June (before the trip abroad). Further, I am informed that he was prescribed very strong medication (two different types in an attempt to see which was best) and that he had been removed from school and placed in a special NHS school because of his mental health.I was only informed of all this, 7 months after diagnosis because it was the excuse used to not let him come away for Christmas. He was sent abroad for the wedding,and was given a story by his mother that he couldn't take his medication due to issues with customs! My own thoughts are that this would have caused me to ask questions if I saw the medication, as she had good reason to not inform me. Previously, I have had to quash her self diagnosis(more of this "self diagnosis" later) when she tried to have him diagnosed with Dyspraxia and ADHD earlier in his life. Both were subsequently dismissed. On being told of his bipolar in December last year I contacted and spoke with his psychiatrist who told me how this was such a "clear cut diagnosis" and how rare this is in his 30 year career in the profession as it's not normally fully apparent at 15. A little more delving with the physiatrist and I discovered that he had never actually seen an episode of mania (and neither had any other health professional) and that the evidence had been solely provided by his mother. I had been asking the doctor for more information on my son but was having it turned down, including a second opinion by another doctor. On informing the doctor of her previous attempts to have him diagnosed AND mentioning that my sons Auntie (the mothers own sister) is a mental health social worker and with regular contact had never seen any signs of mania etc, he was given a second opinion and removed from the strong medication he was prescribed. Despite my son now not spending his life in his bedroom in a confused state, and engaging in life again, I am considered a meddler and his mother has managed to totally end any contact with me and him.. I live 200 miles away so they always know when I'm arriving and they always make sure he is not available to be seen. He won't have a phone (I suspect he might but I'm not privy to it) so they have fully tied up all avenues of direct contact. His younger brother seems to have seen through her. He told me that she has approached him on two occasions and s
Johnny - 28-Nov-17 @ 5:21 AM
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