Under the Access to Health Records Act 1990, only specific people are allowed to apply for access to the health records of someone who has died, for example:
- the personal representative of the person who has died
- any person who may have a claim resulting from the person’s death
Applying for access to a deceased person’s health records
To see a deceased person’s health records, apply in writing to the person or organisation that holds the records. For example:
- for GP records, apply to the local primary care trust
- for hospital records, apply to the records manager at the hospital that the person attended
You can find more information in about the NHS, including:
- more details about who is allowed to access a deceased person’s health records
- what to do if you don’t know where the person was treated before they died
If the records were updated during the 40 days before the date of your application, you should be given access within 21 days. If the records were updated more than 40 days before the date of your application, you should be given access within 40 days.
Fees to access health records of someone who has died
You may have to pay a fee to view a deceased person’s health records. You should ask if there is a charge before you apply to see the records.
There will be no charge if the records have been updated in the previous 40 days.
If the records have not been updated in the last 40 days, the maximum charge is £10, whether the records are stored on computer or in another form, such as paper-based records.
If you require copies of the records, there will be an additional charge. However, this charge should not exceed the cost of making copies and postage costs.
Read the answers to more questions about NHS services and treatments.
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