Non NHS Services
Request Subject Access Report
Everybody has the right to obtain a copy of their personal data. You do not need to give a reason to see your data. An individual is only entitled to their own personal data, and not to information relating to other people (unless the information is also about them or they are acting on behalf of someone). Under special circumstances, some information may be withheld.
Access to the majority of your personal data (medical records) is provided free of charge through the Patient Online Access – this is the primary means of accessing your information and further copies may therefore be charged for.
Where the records are not shown on the Patient Online Access, or access is not possible, then a Data Subject Access Request (SAR) can be made to us. We ask that this request is made in writing where possible; ideally this should be made using the link below being as specific as possible about the information required. We will provide you a copy of your data within one calendar month, but can be extended if the request is complex or a number of requests have been received from you. We may also charge a reasonable fee for the administration of the request where the request is viewed as excessive or additional copies are required.
Legal Claim
There is a clear and established legal route for processing health (special category) data to support the investigation, preparation and pursuit of legal claims, in the form of Article 9(2)(f) of GDPR. In such cases a fee would be charged for the preparation of the medical records
As a SAR is motive blind some solicitors and insurance companies may use SARs inappropriately on the patient’s behalf to access their medical records free of charge contrary to the intentions of GDPR.
Most patients do not realise that in such circumstances their entire medical record, or a significant part of it, has been requested, potentially containing a large amount of very sensitive information that has no bearing whatsoever upon their claim and may be provided to other 3rd parties they are not aware of as part of their claim.
Disclosing that volume of information to one or more 3rd parties would most likely mean disclosing information that was not relevant, was excessive, and would not be pursuant to the principle of data minimisation, as per Article 5(1)(c) and Article 25(2) of the EU GDPR, and ICO guidance.
Therefore with such requests it is our policy, in line with ICO guidance to general practices, to arrange for the patient to collect their medical record in person from us, free of charge.
The patient is then able to review the content of their medical information and then choose to share the information with their solicitor or insurance company as they judge as relevant with regards to their legal claim.
Private Work Fees
Please note we are unable to provide pre-employment or occupational health advice (other than fitness to drive). These queries should be conducted by your employer's occupational health provider.
Fees
For non-NHS work such as medical examinations, reports and certificates letters etc., there will be a fee incurred. You will need to pay for the service at Reception or via our online payment provider before the appointment or before completion of any documents etc. Payment can be made by cheque, cash or credit card.
Why do GPs charge fees?
It is important to understand that GPs are not employed by the NHS, they are self-employed and they have to cover their costs – staff, buildings, heating, lighting etc – in the same way as any small business.
The government contract with GPs covers medical services to NHS patients, however in recent years, more and more organisations have been involving doctors in a whole range of non-medical work. Sometimes the only reason that GPs are asked is because they are in a position of trust in the community, or because an insurance company or employer wants to ensure that information provided to them is true and accurate.
This work takes time and resources, for example; medical reports for insurance companies, claims on private health insurance and other letters and forms which require the doctor to review the patient’s medical records, ensure information is accurate and correct and appropriately summarised for the purpose. This can be quite time consuming.
Examples of non-NHS services for which GPs can charge their patients
- Private medical insurance reports.
- Holiday cancellation forms.
- Letters request by, or on behalf of, the patient.
Examples of non-NHS services for which GPs can charge other institutions are
- Medical reports for an insurance company
- Some reports for the Department for Work and Pensions or the DVLA
Why does it sometimes take my GP a long time to complete my form?
Time spent completing forms and preparing reports takes the GP away from the medical care of his or her patients which is their main priority.
Most GPs have a very heavy workload and paperwork takes up an increasing amount of their time. In addition, non-NHS work must be undertaken outside of NHS contracted time.
I only need the doctor’s signature – what is the problem?
When a doctor signs a certificate or completes a report it is a condition of remaining on the Medical Register that they only sign what they know to be true. Therefore, in order to complete even the simplest of forms, the doctor may need to check the patient’s entire record. Carelessness or an inaccurate report can have serious consequences for the doctor, with the General Medical Council or even the Police.
What can I do to help?
- Not all documents need a signature by a doctor, for example passport applications. You can ask another person in a position of trust to sign such documents free of charge.
- If you have several forms requiring completion, present them all at once to see if we can complete them at the same time to speed up the process.
- Do not expect your GP to process forms overnight. Urgent requests may mean that a doctor has to make special arrangements to process the form quickly, and this will cost more.
Do GPs have to do non-NHS work for their patients?
- With certain limited exceptions GPs do not have to carry out non-NHS work on behalf of their patients.
- Whilst GPs will always attempt to assist their patients with the completion of forms, for example for insurance purposes, they are not required to do such non-NHS work.
- GP's will NOT countersign passport or Citizenship applications
- We will also not routinely issue sick notes or letters for children at school. For further guidance please see the attached document using this link: Sick notes for children.pdf
Again, we re-iterate non-NHS work is not our priority and is completed as and when GP's have time.
We will try to complete non-NHS requests in approximately 42 days