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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am tryin g to get access to my late mothers care home records

Resolved Question:

I am tryin g to get access to my late mother's care home records from a residential nursing home . I am my mother's executor and have provided evidence to the care home of this along with a request under the Access to Health Records Act 1990. My understanding is that as Executor I have an 'unqualified right of access' to these records and need give no reason for asking to see them. However, the care home are being difficult and are saying that care records are produced by carers that are not health professionals and they cannot provide information that may identify a third person without their consent.
What does unqualified right of access mean and what is my position regarding hygiene sheets, daily logs, food and fluid charts and care plans etc. They are exactly what I want to see so I can examine their version of the care she received which was appalling.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

You are correct.

Alex Watts :

You have a right under Section 3(1)(f)

Alex Watts :

If they have been providing care they are health professionals

Alex Watts :

In any event if they are worried out the third party they can redact that name

Alex Watts :

However if you brought a claim against the Company, the records would be required by the Civil Procedure Rules to be fully disclosed without redacting in any event

Alex Watts :

They would not be able to refuse if a claim was issued - you should point this out

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

They insist that carer staff are not health professionals as they have no medical training. What would I need to do to issue a claim against them? Can I do that myself or do I need to unstruct solicitors? Can I get a court order for example or does this cost a lot ?

Alex Watts : You would be able to say if they refuse you will apply to the courts for an order for disclosure.
Customer:

Any help appreciated...they really are being awkward. I have had POVA look into them and they have seen the records but wont let me have copies as POVA says the records belong to the home. I am thinking....for goodness sake....she was MY mother and all the people that were in theory protecting her have consistently stopped me getting the information I need (even when she was alive and I was her advocate. I dont have much money so cannot just instruct solicitors without some proof to go at. I know they did not give her all her medication but instead just made it up as they went along which caused my late mother severe constipation requiring a 2 manual evacuations as well as enemas etc. but she never recovered due to accute kidney injury as well due to severe dehydration.

Alex Watts : You can then instruct a solicitor to make the application which would cost around £500
Alex Watts : But if successful you can as the judge for costs.
Alex Watts : Does this clarify?
Customer:

ok thanks. not an option as i dont have the funds. no wonder care homes get away with murder. thank you.

Alex Watts : All the best.
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