steve_b_wales Posted May 25, 2022 Report Share Posted May 25, 2022 Is it a written law/rule that when you request your medical records from your GP, they have to comply and provide them within a month? The reason I ask is that two years ago, I requested them, and received them in three weeks. My records went up to 2019, the year I requested them. I now need my records from 2019 to date, for insurance purposes, and I filled in the request form over a month ago. I phoned the surgery yesterday, only to be told, 'we've been busy and haven't had chance to do them'! Quote Link to comment Share on other sites More sharing options...
Ratlegs Posted May 25, 2022 Report Share Posted May 25, 2022 I did the NHS login account yesterday for a covid travel pass I think when setting up I read you can access all your records with a warning, can be scary reading Hope this is useful Quote Link to comment Share on other sites More sharing options...
Vince Green Posted May 25, 2022 Report Share Posted May 25, 2022 Our local medical centre effectively ceased to function at the beginning of the pandemic and still hasn't got back to running properly Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted May 25, 2022 Report Share Posted May 25, 2022 You should be able to login to your account and see your entire medical history, your meds and appointments and every letter sent to you, we use Evergreen life. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted May 25, 2022 Author Report Share Posted May 25, 2022 29 minutes ago, bruno22rf said: You should be able to login to your account and see your entire medical history, your meds and appointments and every letter sent to you, we use Evergreen life. The NHS App' is not available in Wales. Quote Link to comment Share on other sites More sharing options...
welsh1 Posted May 25, 2022 Report Share Posted May 25, 2022 Steve, Look at the complaints section https://www.patients-association.org.uk/seeing-your-medical-records#:~:text=GP records are generally kept,generally kept for eight years. Quote Link to comment Share on other sites More sharing options...
discobob Posted May 25, 2022 Report Share Posted May 25, 2022 34 minutes ago, steve_b_wales said: The NHS App' is not available in Wales. Devolution is great isn't it?? (I hope the sarcasm is obvious ) Quote Link to comment Share on other sites More sharing options...
Westley Posted May 25, 2022 Report Share Posted May 25, 2022 You are entitled to your medical records free of charge and your surgery is obliged to provide them within 21 WORKING days. I would call in to the surgery and remind them of their obligation. When I did just that I got my printed medical records (3 A4 sheets) the next day. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted May 25, 2022 Author Report Share Posted May 25, 2022 29 minutes ago, Westley said: You are entitled to your medical records free of charge and your surgery is obliged to provide them within 21 WORKING days. I would call in to the surgery and remind them of their obligation. When I did just that I got my printed medical records (3 A4 sheets) the next day. When I first requested them in 2019, I had them back within three weeks. I've read online that there is a maximum of 40 days for then to comply, and if not, a formal complaint can (and will ) be made. I'm going to check when I signed the form at the GP surgery. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted May 25, 2022 Author Report Share Posted May 25, 2022 14 minutes ago, steve_b_wales said: When I first requested them in 2019, I had them back within three weeks. I've read online that there is a maximum of 40 days for then to comply, and if not, a formal complaint can (and will ) be made. I'm going to check when I signed the form at the GP surgery. UPDATE: I've just contacted my GP surgery again, only to be told (again) that there's a backlog, due to Covid, and that they are working hard to clear this. I applied for my records on 13th April, so according to my calculations, the 40 days expired 2 days ago.(23rd May) A letter of complaint will now be drafted and forwarded to the surgery. Quote Link to comment Share on other sites More sharing options...
amateur Posted May 25, 2022 Report Share Posted May 25, 2022 4 minutes ago, steve_b_wales said: UPDATE: I've just contacted my GP surgery again, only to be told (again) that there's a backlog, due to Covid, and that they are working hard to clear this. I applied for my records on 13th April, so according to my calculations, the 40 days expired 2 days ago.(23rd May) A letter of complaint will now be drafted and forwarded to the surgery. I trust that you have several surgeries in your area. I believe that "difficult" patients (ie those that upset the practice admin) may be removed from the doctor's list. 😁 Quote Link to comment Share on other sites More sharing options...
7daysinaweek Posted May 25, 2022 Report Share Posted May 25, 2022 (edited) 9 hours ago, steve_b_wales said: Is it a written law/rule that when you request your medical records from your GP, they have to comply and provide them within a month? The reason I ask is that two years ago, I requested them, and received them in three weeks. My records went up to 2019, the year I requested them. I now need my records from 2019 to date, for insurance purposes, and I filled in the request form over a month ago. I phoned the surgery yesterday, only to be told, 'we've been busy and haven't had chance to do them'! Hi Steve Have they said that they are now getting them out to you ASAP?? Hopefully they have and told you they will be with you in a day or so?? Under the FOI act the right for a subject access request for medical records legally compels the provider (in your case the gp) to respond within 20 working days, however under certain circumstances they can delay the request for up to no longer than 40 days. Also under some circumstances the provider can refuse a foi request if it is of the opinion that the request is: “manifestly unfounded or excessive”. For example, a largely repetitive request for information which has already been provided, or a information request which would be deemed too complex to aggregate and have a impact to the trusts hr resources that would impact service provision. Other reasons may be that it could deemed that the information would increase the risk of harm due to sensitive data for the individual among several others. In my experience, individual requests for FOI SAR are not 'excessive' and would be completed no later than 30 days, 20 days to 'respond' and/or complete the request fully, or respond within 20 and complete within the following 10/11 days so 30/31 days a month in total. I would ring the surgery and inform them of their obligations, if there is a delay in the FOI SAR (Non excessive) which it appears there is, as it has now breached 31 days you can request a internal review as to why this has happened. If you are not satisfied with the response of a internal review you can then ask the information commissioners office (ICO) for a review. Inappropriate delay for a response can and do result in fines of around the £1000 mark. EDIT P.S Just seen other posters and your reply Steve after I had just posted, I hope you get sorted. Hope you get sorted. Edited May 25, 2022 by 7daysinaweek Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted May 25, 2022 Author Report Share Posted May 25, 2022 42 minutes ago, amateur said: I trust that you have several surgeries in your area. I believe that "difficult" patients (ie those that upset the practice admin) may be removed from the doctor's list. 😁 There was two in my area, but 'my' surgery took on the other one after it closed down. I don't think that I am being 'difficult' by politely requesting my 2019-2022 medical records. Quote Link to comment Share on other sites More sharing options...
amateur Posted May 25, 2022 Report Share Posted May 25, 2022 25 minutes ago, steve_b_wales said: There was two in my area, but 'my' surgery took on the other one after it closed down. I don't think that I am being 'difficult' by politely requesting my 2019-2022 medical records. Fingers crossed, then. Quote Link to comment Share on other sites More sharing options...
7daysinaweek Posted May 25, 2022 Report Share Posted May 25, 2022 (edited) I do not see your request as being 'difficult', simply raising a 'concern' with the practice through the internal concerns/compalint process or formalising a complaint through exteranl PALS, duty of candour process. As is your legal right, and it would appear not unreasonable in the given time frames. Patients are removed from the register for a few different reasons, cannot see this being one of them and If in this case that this did result in a unlikely removal, the practice would have some difficult questions to answer if challenged. I could not see how they could dodge that from a litigious aspect. It can be difficult to remove individuals who persistently exhibit some of the most toxic and challenging of behaviours at the best of times. This clearly is not one of them. Edited May 25, 2022 by 7daysinaweek Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 10, 2022 Author Report Share Posted June 10, 2022 UPDATE 2 It is now well over 40 days ( 53 to date) and a letter of complaint has been sent to the practice manager at the GP surgery. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted June 10, 2022 Report Share Posted June 10, 2022 It isn't a question of them being busy. The Data Protection Act 2018 (GDPR) says that they must comply with a Subject Access request within one month of their receipt of the SAR. If you have made numerous requests or the request is complex, then they can have another month. However, they must inform you, within a month, if this is the case. If you have not made numerous requests, they cannot say your request is complex, because it plainly isn't. I wrote to the Practice Manager and pointed out that they had broken the law, but I was prepared to put it down to an error on their part and said that I would not be as kindly disposed if it happened again. I got an apology. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 10, 2022 Author Report Share Posted June 10, 2022 2 hours ago, Gordon R said: It isn't a question of them being busy. The Data Protection Act 2018 (GDPR) says that they must comply with a Subject Access request within one month of their receipt of the SAR. If you have made numerous requests or the request is complex, then they can have another month. However, they must inform you, within a month, if this is the case. If you have not made numerous requests, they cannot say your request is complex, because it plainly isn't. I wrote to the Practice Manager and pointed out that they had broken the law, but I was prepared to put it down to an error on their part and said that I would not be as kindly disposed if it happened again. I got an apology. My request is not complex. Back in 2020, I had my full medical records up to that year, and I have just requested my records from 2020 to date, which as far as I'm aware, won't cover two pages. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted June 10, 2022 Report Share Posted June 10, 2022 If you haven't mentioned data protection, it might be worth a follow up. It isn't a complaint about slow service, it's about the practice breaking the law. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 11, 2022 Author Report Share Posted June 11, 2022 10 hours ago, Gordon R said: If you haven't mentioned data protection, it might be worth a follow up. It isn't a complaint about slow service, it's about the practice breaking the law. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 14, 2022 Author Report Share Posted June 14, 2022 Update Three. After I delivered my letter of complaint to the surgery practice manager, yesterday, I had a phone call from them stating that my records are ready. I'm picking them up later today. Quote Link to comment Share on other sites More sharing options...
mel b3 Posted June 14, 2022 Report Share Posted June 14, 2022 Result Steve 👍 Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted June 14, 2022 Report Share Posted June 14, 2022 Just a damned shame you have to resort to complaining, they should provide the service they are meant to. Quote Link to comment Share on other sites More sharing options...
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