GP won't give me access to reports about me from a mental health trust

My GP received a report about me from a mental health trust where I was an inpatient for two days but won't let me see it. Can they legally do this? What reasons would they have? What can I do to fight it?

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bump

Original post by Anonymous

If they think there's potentially harmful stuff in the paperwork, yes, they can limit access afaik.

Reply 3

Duncan2012

Original post by Anonymous

bump

Bumping a post after twenty minutes might be some sort of record.

https://www.nhs.uk/using-the-nhs/about-the-nhs/how-to-access-your-health-records/

Reply 4

Anonymous #1

Original post by Duncan2012

Bumping a post after twenty minutes might be some sort of record.

https://www.nhs.uk/using-the-nhs/about-the-nhs/how-to-access-your-health-records/

It says on there that they have a legal requirement to give you access.

Reply 5

Notoriety

If they think it's harmful to your health, as Pathway mentioned.

When I did CAB stuff, we did a bunch of SARs for people from MH trusts. Invariably all the good stuff is heavily redacted. The next step, though, is probably the SAR.

Reply 6

Kindred

Original post by Anonymous

You have the legal right to see your recordst. Your GP may think that it won't be good for your mental health to see them, but you do have the right to.
Your records will probably include things like observations about your mental health and they could be awkward for you to read cos it could feel a lot like judgement. It's something they need to do to know how to approach your situation and so other doctors know what's going on, but it's not always a nice thing to read. Your GP is probably trying to protect you from that or might just think that notes are for doctors and not really be thinking abou the fact that you are alowed to see them.

Have a think about if you do really want to see it or if maybe you could just ask a GP who you like what sort of stuff it says. If you do want to read it then request a copy from reception and if they are unsure about it make a formal request in writing. It might be best for now if you don't read it though. It's unlkieky to be a nice thing for you to read or helpful at all. It's just so doctors can stay up to date with what's going on. It's not designed for you to read so it might say things in a way that doesn't sound very nice or say things that you don't want to know or that are just pointlessly confusing or unrelated to why you wanted to read it. If you have any questions or reasons for wanting it you can probably get an answer from on of your doctors without having to read it.

There are some situations where they can refuse to give you records, but I am not sure where that line is drawn. They can refuse if it would be harmful for you to have it, but I wouldn't know if that applies to your situation. Either way I think it might be best to leave it for now and talk to a doctor you get on reasonably with about anything you want to know.

Here are some links with some more info. The first one explains why they might be able to refuse:
https://www.mind.org.uk/information-support/legal-rights/personal-information/your-personal-data-rights/#exceptions
https://www.rethink.org/living-with-mental-illness/rights-restrictions/access-to-health-records

(edited 5 years ago)

Reply 7

Bio 7

Original post by Duncan2012

Bumping a post after twenty minutes might be some sort of record.

https://www.nhs.uk/using-the-nhs/about-the-nhs/how-to-access-your-health-records/

I saw a bump 6 mins later.

Reply 8

Pathway

Original post by Anonymous

It says on there that they have a legal requirement to give you access.

Well, the other issue is that, If you're treated in secondary care (ie mental health teams) or tertiary care (ie inpatient) your GP won't have access anyway as they're based in primary care (so are services like IAPT). Secondary and tertiary mental health and community care run on a different system (it's called RiO unless they've changed it recently). Your GP won't be able to give you information from that, much like they won't be able to give you information from social services, etc. It's fragmented and not joined up. You'd need to go to the MH trust for the information, and even then they can withhold it if they think it will harm you or someone else if you were to find out what it says.

Reply 9

Anonymous #1

Original post by Notoriety

do I put in a SAR with my gp practice or the hospital?

Reply 10

Anonymous #1

Screw that I should be able to decide if I want to see it or not.

Reply 11

Anonymous #2

You aren't allowed to see it there and then. I think you need to make a written request or fill in a form of some sorts (plus potentially pay a fee) to be able to access your records. I would suggest speaking to the practice manager about this.

Reply 12

Anonymous #1

My gp said to apply for a SAR to the hospital but what I dont understand is why she wouldn't just show me the report there and then which I know she has, and spare me the bureaucracy. Like I dont have enough bs going on in my life without the extra red tape.

Reply 13

Anonymous #2

Original post by Anonymous

Because she is not allowed to do this.

Reply 14

Anonymous #1

Original post by Anonymous

Because she is not allowed to do this.

If the nhs choices website is right then she is legally obliged to show me medical reports.

Reply 15

Anonymous #1

They do this on purpose because they know that people who are mentally ill are less likely to file a complaint. Not fair.

Reply 16

Anonymous #2

Original post by Anonymous

If the nhs choices website is right then she is legally obliged to show me medical reports.

The website simply states you can access your records. It doesn't say your GP has to show you anything them there an then. You GP has told you what the legal procedure to get access is and it would be illegal for her to show you the report during the consultation.

Reply 17

Anonymous #2

Original post by Anonymous

They do this on purpose because they know that people who are mentally ill are less likely to file a complaint. Not fair.

No, they do it to comply with the law.

Reply 18

Anonymous #1

Why would they send a report to my gp but not to me. This doesnt make any sense. She had the papers on her table. Why do I have to resort to legal measures to read my own ****ing medical report.

Reply 19

Anonymous #2

Original post by Anonymous

Why would they send a report to my gp but not to me. This doesnt make any sense. She had the papers on her table. Why do I have to resort to legal measures to read my own ****ing medical report.