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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24626
Experience:  Senior Partner at Berkson Wallace
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Is looking for her time off birth (astrology chart reading),

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Is looking for her time off birth (astrology chart reading), but has been told by the hospital that holds the long birth certificate that she needs her mother's permission to get this information. Why can she not access her time of birth? Thanks
JA: Has she talked to a lawyer about this? What country does she live in? If different, what country does this legal question relate to?
Customer: It relates to England. She now resides in Ireland.
JA: What steps has she taken so far?
Customer: She contacted the hospital. They have her records and have told her her time off birth is recorded, but they cannot give her that information without her mother's permission.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Her mother won't give permission to view her long birth cert. My friend only wants her time of birth nothing else.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Is your friend estranged from her mother?

why wont her mother tell her?

and which hospital is this?

Customer: replied 17 days ago.
Hi, yes she is estranged from her mother. I'm just checking with her which hospital it is. She previously contacted them herself, and they had her long birth cert on record. They said they couldn't give her the time off birth without her mother's permission. In Ireland you are allowed limited access (time of birth is allowed), but not medical information pertaining to the actual birth - that belongs to the mother. I would have thought it is similar in England??
Customer: replied 16 days ago.
Hi, I hope this isn't a scam whereby I have to spend €51 on a call? I just want to know what the legal status is on a person accessing their long birth cert, specifically their time of birth.

You have probably seen a pop-up offering you the chance of a telephone call at an extra cost.  It is up to you whether you have a telephone call or not but do bear in mind that a 15-30 minute telephone call covers an awful lot of ground and you can get an awful lot of information in that time.  So you can ignore it or go ahead or go ahead later.  It’s your choice.

Meanwhile, we can carry on on here.

If your friend is over 18 then she needs to make a Subject access Request in writing under section 7 of the Data Protection Act telling them exactly what personal information she wants.

They have 40 days to reply.

If she is under 18 then her mother does indeed have to do it for her although to be frank, the hospital are just being awkward.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J and 2 other Law Specialists are ready to help you
Customer: replied 16 days ago.
Thank you Stuart for getting back to me. I will pass this on to her. My friend is indeed over 18 years old, so will follow up on your advice.
Thanks again,Frances.

If your friend is over 18 I don’t know what half brained idiot in the hospital says that she needs her mother’s consent.  I am glad to help.

Customer: replied 16 days ago.
Hi Stuart, my friend got back to me and said that the time of her birth is on her mother's health records at the hospital and not on her long birth cert.
Can she still request the birth time from these records using the Subject Access Request route?

It’s a mute point.  As this is personal information about her, even though it’s on her mother’s record, that in my opinion she is still entitled to it.

Customer: replied 16 days ago.
Thank you, ***** ***** to clarify, is she legally allowed access to that piece of information on her mother's records because it has to do with her recorded time?

I answered that in my previous reply.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

It is personal information about her, regardless of where it’s stored, and therefore she is entitled to it.

If they won’t let her have it you already have the process in my much earlier reply.

Customer: replied 15 days ago.
Ok, thank you. I'll pass that on.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.