Access to Health Records - 1.

NHS Digital did not have the information requested.

Dear Health and Social Care Information Centre,


Please will you confirm that it is NHS policy to treat patients as entitled to access to VIEW health records created with regard to them within in the previous 40 days:

(i) in person or by duly authorised representative,

(ii) free of charge, and

(iii) within 21 days of written request,

subject only to the same restrictions which would apply to a subject access request for hard-copy health records.

If you cannot so confirm, please supply, by email, copies of any ministerial instruction, minute, memorandum or other authority or record on the basis of which the NHS considers it is entitled to depart from the terms of undertakings given in the House of Lords in this regard, in October 2000.

The DoH document, 'Guidance for Access to Health Records' (February 2010) fails to achieve clarity on these issues.

I look forward to hearing from you within the statutory period for compliance

Yours faithfully,

Jim Otram

Enquiries CRM,


Re: Enquiry Ref: NIC-138141-VHHR9




Dear Jim Otram,


I am writing to acknowledge that your request for information was received
by The NHS Information Centre on 27/01/2012 and is currently being


If The NHS IC is able to provide you with the information you have
requested, then under the Freedom of Information (FOI) Act you are
entitled to receive it promptly and in any event not later than the 20th
working day following the date of receipt. However, we may need to contact
you to clarify your request, if this is required we aim to do this
promptly but no later than 7 days after receiving your initial request for


May I take this opportunity to explain the FOI Act in more detail. The Act
provides a 'General right of access to information held by public
authorities. However, it also defines a number of exemptions which may
prevent the release of some or all of the information you have requested.
Therefore, the NHS IC will assess your information request in light of any
relevant exemptions.


If exemptions do apply, then the NHS IC may decide not to release all, or
part, of the information you have requested. I shall inform you if this is
the case, and advise you of your rights of appeal.


If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken as to whether to
release the information to you.


The response to your request will be sent to you by email, however if you
require your response in any other format, please contact me to discuss a
suitable format.


The NHS IC will not normally charge a fee to provide you with the
information you have requested, unless the cost of dealing with your
request is more than £450 as outlined in Section 12 of the FOI Act and
Section 3 of the The FOI and Data Protection (Appropriate Limit and Fees)
Regulations 2004. If it appears likely that your request will cost more,
then the NHS IC is able to refuse to supply the information.  As per our
obligations under Section 16 of the FOI Act, every effort will be made to
provide you with details of how you may be able to reframe your request in
order for us to complete the required work within the (£450 / 18 person
hours) cost limit.


If you have any queries or should you wish to make a compliant about the
manner in which your request is being processed then please do not
hesitate to contact me at the above address in the first instance. Any
complaints will be investigated in accordance with the NHS IC's complaints


Further information about your rights under the Freedom of Information
Act, is available from the Information Commissioner's Office, Wilmslow,
Cheshire and on the Information Centre's website.


Kind Regards,

Contact Centre Team
Health and Social Care Information Centre
1 Trevelyan Square
Boar Lane

Tel: 0845 300 6016

E-mail: [1][NHS Information Centre request email]

show quoted sections

Enquiries CRM,

1 Attachment


Re: Enquiry Ref: NIC-138141-VHHR9

Dear Jim,

Please see the attached response provided by our Information Governance
team, many thanks.

Kind Regards,

Mansoor Sahibzada

Contact Centre Team
The NHS Information Centre
1 Trevelyan Square
Boar Lane

Tel: 0845 300 6016

E-mail: [1][NHS Information Centre request email]





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1. mailto:[NHS Information Centre request email]

Enquiries CRM,

Dear  Jim  Otram ,


According to our records, your enquiry  NIC-138141-VHHR9  has been
resolved and has now been closed.

This is an automatic email message which was created when we closed your
enquiry log. If, in the meantime, you have replied to our response, we
will reopen your enquiry to investigate further.


If you require any further assistance, please do not hesitate to contact

We are continually measuring our level of customer service and invite you
to participate in a short anonymous survey. To access our survey please
click [1]here. Thank you for your time.

Kind Regards

Contact Centre Team
The NHS Information Centre for health and social care
Tel: 08453006016
E-Mail: [2][NHS Information Centre request email]

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J Newman left an annotation ()

Jim, I was able to do this through my GP's practice manager without too much trouble. More recent stuff was online, older stuff as hard copy. No hint of any charges. The rules apparently requires that you cannot be left on your own with either, so I felt slightly embarrassed with someone having to sit with me - not over my shoulder, but in the same room. I just took a few notes, so don't know what they do about photocopying.