TRY ME!
Sar Request Legal Requirements
Summary
To access medical records under UK GDPR, legal authority such as a Lasting Power of Attorney or deputyship is required, especially for those lacking capacity. The GP surgery must act in the patients best interests. Your role as a representative in a DoLS assessment may not be sufficient. Consider applying for deputyship and seek legal advice to address the SAR refusal. Discuss concerns with the GP regarding medication and welfare.Full Conversation
I have requested a sar for my mum who lacks capacity but her gp surgery are refusing it
Hi ****! Sorry to hear about the situation with your mum's GP surgery. Here are some general points about Subject Access Requests (SARs) in England:
- You have the right to request a SAR on behalf of someone who lacks capacity.
- You may need to provide proof of your authority to act on her behalf.
- The GP surgery must comply unless there's a valid reason for refusal.
Have they provided a specific reason for refusing your request?
- You have the right to request a SAR on behalf of someone who lacks capacity.
- You may need to provide proof of your authority to act on her behalf.
- The GP surgery must comply unless there's a valid reason for refusal.
Have they provided a specific reason for refusing your request?
They sent me this email
It sounds like you're dealing with a challenging situation. Could you share the reason the GP surgery provided for refusing the SAR? This could help in determining the next steps.
Many thanks for your response and patience whilst this is investigated. However, for your clarification, please see the below information from the UK-GDPR guidelines:
Under UK GDPR and data protection laws, access to a patient's medical records by a relative is subject to strict conditions, especially when the patient lacks capacity.
Here are the key points:
Legal Authority : The relative MUST have the legal authority to access the patient's records. This is typically through a Lasting Power of Attorney (LPA) for health and welfare or a court-appointed deputyship. Without such legal authority, relatives generally do not have the right to access the records.
Best Interests : Any decision to share information should be made in the best interests of the patient. The healthcare provider must consider whether sharing the information will benefit the patient and whether it's necessary for the relative to have this information to make informed decisions about the patient's care.
Case Rating: *
It seems like the GP surgery is emphasizing the need for legal authority and best interests under the UK GDPR guidelines. Do you have a Lasting Power of Attorney for health and welfare or any other legal authority for your mum? This could be crucial in addressing the SAR refusal.
It seems like the GP surgery is emphasizing the need for legal authority and best interests under the UK GDPR guidelines. Do you have a Lasting Power of Attorney for health and welfare or any other legal authority for your mum? This could be crucial in addressing the SAR refusal.
Not yet, I am applying for deuptyship. I am named as her representavie by the best interests officer on her dols assessment if that help, but the surgery are refusing this
Case Rating: *
Since you're applying for deputyship, you may want to inform the GP surgery once it's granted. Meanwhile, you can emphasize your role as her representative by the best interests officer on her DoLS assessment. You might also consider seeking legal advice to assist in this process. Is there anything else you'd like to know?
Since you're applying for deputyship, you may want to inform the GP surgery once it's granted. Meanwhile, you can emphasize your role as her representative by the best interests officer on her DoLS assessment. You might also consider seeking legal advice to assist in this process. Is there anything else you'd like to know?
I didn't think I needed all this for a sar request
Case Rating: *
In situations involving SARs for someone who lacks capacity, GP surgeries often require solid legal authority, such as a Lasting Power of Attorney or deputyship. While your role as a representative from the DoLS assessment is helpful, it may not suffice under UK GDPR. Seeking legal advice could streamline this process. If you have further questions, feel free to ask!
In situations involving SARs for someone who lacks capacity, GP surgeries often require solid legal authority, such as a Lasting Power of Attorney or deputyship. While your role as a representative from the DoLS assessment is helpful, it may not suffice under UK GDPR. Seeking legal advice could streamline this process. If you have further questions, feel free to ask!
I'm wanting to apply for it in her best interest as I think she mey be getting too much medication
Case Rating: *
It sounds like you're concerned about your mum's medication and her overall welfare. Since you're in the process of applying for deputyship, this could help solidify your authority. Until then, consider discussing your concerns with the GP to see if there's an alternative approach. If you need more guidance, feel free to ask!
It sounds like you're concerned about your mum's medication and her overall welfare. Since you're in the process of applying for deputyship, this could help solidify your authority. Until then, consider discussing your concerns with the GP to see if there's an alternative approach. If you need more guidance, feel free to ask!
Start a new chat