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: 4 Nov 2017 |
 
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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Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Wes - Your Question:
Hi, I have two sons 7 & 4 and have been separated from their mother for nearly two years. It has be reported that my youngest is showing signs of dyspraxia. I have asked to be included in all medical appointments regarding this but somehow I am being blocked, even by the practice. is this right? I have full parental responsibility, see my children very often and I'm on their birth certificates. I arranged a telephone appointment, as I found out my son had an appointment to be assessed. I had to call the surgery as they hadn't called, I spoke to a receptionist, they said doctor is calling very soon. 1 hour later I ring again and another receptionist tells me that my son never had an appointment. it was his mother. So basically, my had an appointment/assessment as I was told, by staff that he didn't? Their mother has told them not to let me know. Their mother has also told me that she won't give me info on any of my sons assessments for what's happening. Is this right? Can I apply to see their medical records?RegardsWes

Our Response:
As a father (with parental responsibility), you have a right to know about important issues in your child's life; this includings issues relating to education, health etc. Your GP practice, should be able to tell you about your son's medical history, any good practice will be aware of this. Write to them formally requesting records, details of check ups, vaccinations, any treatment your child has received and copies of any documentation sent to your son's mother about the dyspraxia (or any the other medical conditions).
Explain that you have already requested this information by phone and that as a parent with Parental Responsibility, you have the right to be fully involved in making decisions about any potential medical treatment and that the practice does not need the prior consent of the mother. Ask that your letter is placed on your child's medical record and that your name is also registered as an emergency contact if the mother cannot be contacted.
This should be sufficient to force the practice to keep you informed.
LawAndParents - 6-Nov-17 @ 11:23 AM
Hi, I have two sons 7 & 4 and have been separated from their mother for nearly two years. It has be reported that my youngest is showing signs of dyspraxia. I have asked to be included in all medical appointments regarding this but somehow I am being blocked, even by the practice.. is this right? I have full parental responsibility, see my children very often and I'm on their birth certificates. I arranged a telephone appointment, as I found out my son had an appointment to be assessed. I had to call the surgery as they hadn't called, I spoke to a receptionist, they said doctor is calling very soon.. 1 hour later I ring again and another receptionist tells me that my son never had an appointment.. it was his mother. So basically, my had an appointment/assessment as I was told, by staff that he didn't? Their mother has told them not to let me know. Their mother has also told me that she won't give me info on any of my sons assessments for what's happening. Is this right? Can I apply to see their medical records? Regards Wes
Wes - 4-Nov-17 @ 7:49 AM
Mich - Your Question:
My partner has concerns about his daughter and is wanting to take her to her gp, is he able to? His daughter dosent live with him but he is on her birth cert and has contact with her every week. Thanks in advance

Our Response:
He should discuss this with the mother really. If she is ill during her with time with him, he can take her to her GP as he is the parent in charge of her care at that point.
LawAndParents - 3-Nov-17 @ 3:04 PM
My partner has concerns about his daughter and is wanting to take her to her gp, is he able to? His daughter dosent live with him but he is on her birth cert and has contact with her every week. Thanks in advance
Mich - 3-Nov-17 @ 12:35 AM
Nelly - Your Question:
Hi, I was told today by surgery staff that a new rule has just been brought in saying we parents can no longer gain access to our 11 yrs or older children's medical record, results etc. by phone, online or otherwise. We'd require an appt. with GP to do so in which child was present. Surely this can't be correct? Blood results for example.does child phone up for them?

Our Response:
Here's what the General Medical Coucil advises medical practices:
You should let parents access their child’s medical records if the child or young person consents, or lacks capacity, and it does not go against the child’s best interests. If the records contain information given by the child or young person in confidence you should not normally disclose the information without their consent.
Young people with capacity have the legal right to access their own health records and can allow or prevent access by others, including their parents. A child might of course achieve capacity earlier or later. In any event you should usually let children access their own health records. But they should not be given access to information that would cause them serious harm or any information about another person without the other person’s consent.
The BMC advice is similar:
Anyone with parental responsibility has a statutory right to apply for access to their child’s health records. If the child is capable of giving consent, access may only be given with his or her consent. It may be necessary to discuss parental access alone with children if there is a suspicion that they are under pressure to agree. (For example, the young person may not wish a parent to know about a request for contraceptive advice.)
LawAndParents - 29-Sep-17 @ 11:24 AM
Hi, I was told today by surgery staff that a new rule has just been brought in saying we parents can no longer gain access to our 11 yrs or older children's medical record, results etc. by phone, online or otherwise. We'd require an appt. with GP to do so in which child was present. Surely this can't be correct? Blood results for example ...does child phone up for them?
Nelly - 27-Sep-17 @ 2:05 PM
Hi there, Hoping someone can help. I'm trying to find out which gp's my son is registered at. My ex took him away six years ago. He will be seven in December and I have been fighting to get proper access. I see him every two weeks now at a contact centre as it's a 500 mile round trip so can't do it every week. But I got a court order for this access and the judge also said that she needed to give me his school and gp info. She has given me the school info, but not the gp info.I'm not even sure where he lives as I just know it's in Southampton or Portsmouth somewhere. I do have full pr as I'm on birth certificate. Any ideas?
Mason - 26-Sep-17 @ 3:07 PM
Hannah - Your Question:
Glad I found this forum long story short but my daughter have been ill from day one from birth distress, to being in SCBU, being discharged with a collapsed upper lung lobe collapse (letter to prove) to being in intensive care for 12 weeks and a children's hospital for 9 months, in and out of our children's ward until she was ready and big enough for surgery for fundlopication and gastrostomy, all her tests revealed her acid levels were normal but they still said it was GERD she's still fed through a gastrostomy now and she will be 9 in December ?? I need advice on how I go about getting her medical records so I can compare and find out an actual diagnosis I have never been told about. Under a ENT specialist at the moment and still not getting any answers I need to know what is wrong with my own child and I feel I have no knowledge of anything. Thank you please get back in touch

Our Response:
There is information on how to obtain access to medical records on the NHS website here. You may need to consult a medical lawyer to help with accessing the documents, understanding them and taking action.
LawAndParents - 1-Aug-17 @ 2:27 PM
Glad I found this forum long story short but my daughter have been ill from day one from birth distress, to being in SCBU, being discharged with a collapsed upper lung lobe collapse (letter to prove) to being in intensive care for 12 weeks and a children's hospital for 9 months, in and out of our children's ward until she was ready and big enough for surgery for fundlopication and gastrostomy, all her tests revealed her acid levels were normal but they still said it was GERD she's still fed through a gastrostomy now and she will be 9 in December ?? I need advice on how I go about getting her medical records so I can compare and find out an actual diagnosis I have never been told about. Under a ENT specialist at the moment and still not getting any answers I need to know what is wrong with my own child and I feel I have no knowledge of anything. Thank you please get back in touch
Hannah - 28-Jul-17 @ 11:40 PM
I understand exactly where your coming from marky. I've been separated from my ex wife for over 3 years to discover my daughter is used for disability payments for global development delay . Through fighting thru the courts for access I've discovered that over these years she's usedevery organisation available without informing me . Recently I've been involved in a meeting with senco only to find there'snothing wrong with her . Which I knew anyway . At twelve years of age to be made to feel she has a problem just for financial gain is wrong on soo many levels . This will affect her for the rest of her life .
Booboo - 13-Jul-17 @ 8:12 PM
Marky - Your Question:
Hiya basically am abit concerned and I could be completely wrong about this but am not on my sons birth certificate which means am weeing in the wind when it comes to anything, I would like to know about my sons health record because sometimes it seems to me that am just getting told what I need to know as and when and am concerned because I think my sons mam is using him as a money making machine she has him down as ASD and disability but when I have him of a weekend his perfectly fine and full of life which has me concerned because when she gets money which is supposed to be for my child it seems to go on her not my son and when it does its small doses, like I said I might be completely wrong but how do I get my sons health record just to make sure his ok, thanks in regards

Our Response:
If you are the child's natural father but not on the birth certificate you can apply for parental responsibility by simply completing an application form if the mother consents. If you can't agree on arrangements you will need to apply via the courts using formC1
LawAndParents - 28-Jun-17 @ 11:48 AM
Hiya basically am abit concerned and I could be completely wrong about this but am not on my sons birth certificate which means am weeing in the wind when it comes to anything, I would like to know about my sons health record because sometimes it seems to me that am just getting told what I need to know as and when and am concerned because I think my sons mam is using him as a money making machine she has him down as ASDand disability but when I have him of a weekend his perfectly fine and full of life which has me concerned because when she gets money which is supposed to be for my child it seems to go on her not my son and when it does its small doses, like I said I might be completely wrong but how do I get my sons health record just to make sure his ok, thanks in regards
Marky - 26-Jun-17 @ 6:53 PM
Niki - Your Question:
My friends daughter is suffering with mental illness she's 13 and is experiencing psychosis. Her father also has severe mental health but won't disclose his diagnosis information as to weather its hereditary. Can my friend request his health records on behalf of the child for the purpose of hereditary evidence or does the father need to give consent? This has already been refused by him And she is desperately trying to find a way to help her child, there's also another younger child who too can be affected. Thank you to anyone with any information x

Our Response:
The father would usually need to give consent. We're guessing a court might be able to order him to allow access to the information but you should seek professional legal help really.
LawAndParents - 24-May-17 @ 11:32 AM
My friends daughter is suffering with mental illness she's 13 and is experiencing psychosis. Her father also has severe mental health but won't disclose his diagnosis information as to weather its hereditary. Can my friend request his health records on behalf of the child for the purpose of hereditary evidence or does the father need to give consent? This has already been refused by him And she is desperately trying to find a way to help her child, there's also another younger child who too can be affected. Thank you to anyone with any information x
Niki - 23-May-17 @ 12:25 AM
Ade - Your Question:
How do I request a copy of my 16year old sons medical records he has a diagnosis of autism and is transferring from dla to pip and I need records to send in as evidence

Our Response:
Write a note to your son's GP and/or hospital consultant asking for copies of any relevant information.
LawAndParents - 19-May-17 @ 2:35 PM
How do i request a copy of my 16year old sons medical records he has a diagnosis of autism and is transferring from dla to pip and i need records to send in as evidence
Ade - 18-May-17 @ 8:31 PM
Mrphil - Your Question:
My son has a dairy allergy and is on a strict diet. But I dont know what this diet consists of I dont know what hes allowed to eat or what he isnt allowed to and my ex wont give me a copy of his diet plan from the dietitian. my ex provides a packed lunch for when I see my son but I would like to take him to a restaurant from time to time. I fully understand he cant have anything containing milk. Can I get this information from sons gp

Our Response:
Yes if you have parental responsibility, you should be able to get this information from your son's GP. Sent in a formal letter, asking for information and stating that you are entitled to this because you have parental responsibility.
LawAndParents - 9-May-17 @ 10:41 AM
Darren - Your Question:
I requested to see my son's medical records in a formal request, I had already proved previously that I have full PR when I changed my son's name back to his original birth name as this was done without my consent and backing from court orders which also added proof to my PR and a re-registered birth certificate, they refused the request claiming it had to be written in legal paper to grant it, my son has ongoing problems and with constantly changing information from my ex I wanted to get to the source of it all and get accurate information instead so I know I'm doing the best I can for my son but now yet again I'm having to chase information that I should surely be legally entitled to see also my son has had previous problems aswell but was never mentioned to me until it was too late

Our Response:
You shouldn't need legal back up to get any basic information that the mother has access to. Here is a link to our sister site Separated Dads where this is a letter template to use
LawAndParents - 8-May-17 @ 11:11 AM
My son has a dairy allergy and is on a strict diet .But i dont know what this diet consists of i dont know what hes allowed to eat or what he isnt allowed to and my ex wont give me a copy of his diet plan from the dietitian. my ex provides a packed lunch for when i see my son but i would like to take him to a restaurant from time to time. I fully understand he cant have anything containing milk. Can i get this information from sons gp
Mrphil - 7-May-17 @ 2:50 PM
I requested to see my son's medical records in a formal request, i had already proved previously that I have full PR when I changed my son's name back to his original birth name as this was done without my consent and backing from court orders which also added proof to my PR and a re-registered birth certificate, they refused the request claiming it had to be written in legal paper to grant it, my son has ongoing problems and with constantly changing information from my ex I wanted to get to the source of it all and get accurate information instead so I know i'm doing the best i can for my son but now yet again I'm having to chase information that I should surely be legally entitled to see also my son has had previous problems aswell but was never mentioned to me until it was too late
Darren - 6-May-17 @ 11:53 AM
Lozadee - Your Question:
My son is 16 months with a 9 month history of illnesses and infections. I am at my witsend of being passed on doctor to doctor. Am I entitled to my sons notes? I would like to confirm the timeline of events, order of illnesses and dates ect.

Our Response:
Yes you can ask to see the medical records. Medical staff can only refuse if there's a really good reason as to why they should be kept from you.
LawAndParents - 10-Apr-17 @ 12:47 PM
My son is 16 months with a 9 month history of illnesses and infections. I am at my witsend of being passed on doctor to doctor. Am i entitled to my sons notes? I would like to confirm the timeline of events, order of illnesses and dates ect.
Lozadee - 7-Apr-17 @ 12:24 PM
My daughter is 11 years old & we live in England.At what age is it legally acceptable for a child to see a gp without a parent present
Sarah - 24-Mar-17 @ 8:12 PM
Pinkey878 - Your Question:
Hi my 9 yrs old boy has been very poorly with what waa first thought was a quinzzy his had been on antibiotics for well over 95 days no improvement what so ever part of his tonsil has complety taken over half his throat he can eat only drinking small sips he has been like this for 6 months I want too see his notes as iam putting a complaint in regarding his care how do I go about this please

Our Response:
Please follow the steps in the above article.
LawAndParents - 23-Feb-17 @ 12:24 PM
Hi my 9 yrs old boy has been very poorly with what waa first thought was a quinzzy his had been on antibiotics for well over 95 days no improvement what so ever part of his tonsil has complety taken over half his throat he can eat only drinking small sips he has been like this for 6 months I want too see his notes as iam putting a complaint in regarding his care how do I go about this please
Pinkey878 - 22-Feb-17 @ 11:32 AM
Where do I go to obtain my children's medical records in Dallas tx
Flo - 6-Jan-17 @ 3:33 PM
My ex and I have separated. Our child lives with me. A doctors surgery has let him have access to our child's medical records but I refused to sign the form. I have nothing to hide but we departed ways because he was controlling. He has forged my signature. If he entitled to view the medical records?
Charlie - 23-Dec-16 @ 6:50 AM
I had twin boys premature who is currently in hospital. They are 4 weeks and 1 day. I am with there father. Do I have rights to see there records as I was reading them tonight and I got told that we are not allowed access to see the records even though they are on a shelf at the end of there incubators?
Sophie - 21-Oct-16 @ 2:03 AM
My son was adopted over 20 years ago. He is one of a twin both twins are disabled. My son was starved of oxygen during the birthing process we took the health authority to court but unfortunately lost. I would like to access his passed medical records would this still be possible even though I am.no longer his legal guardian.
Bondie - 17-Oct-16 @ 7:29 PM
Hi can a primary school make me give concent to get my daughters medical records even though I've given evidence of going to the doctors by getting the doctor to print of the consultation?I feel as if I'm being bullied and they are not believing me when my daughter has time off ! I just want to make sure when I tell them no that I won't get into trouble
kimgibbs78 - 15-Oct-16 @ 5:35 PM
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