One of the first documents we request when we are considering a claim for Continuing Health Care is a copy of a person’s GP records.
It is one of the best forms of evidence to support either a Checklist or a Decision Support Tool (DST).
It comes as a shock to many, that GPs are not employed by the NHS but are, in fact, independent contractors.
GP practices are owned by the equity partners and because they are seeking to make a profit, they will routinely charge for services that are not required by law to be given free.
That’s why some services are free at your surgery, such as seeing a doctor, but others, such as travel vaccinations, are not.
Under the Access to Medical Records Act 1988, doctors typically charge between £50 and £60 for printing out a person’s medical records. Their argument is that it is cumbersome and time-consuming, although, in our view, it is the work of a receptionist pressing a button and placing the printouts in an envelope.
Most recently new legislation has been brought in. Known as the General Data Protection Regulation (GDPR), you can now apply for documents under a Subject Access Request (SAR).
As a result of this new legislation, doctors were faced with losing this source of income. However, the good news for the doctors, but the bad news for our clients, is that the GPs’ trade union, the British Medical Association, took legal advice, and surprise, surprise, they have advised their GP members that pressing a button on a printer is a ‘new data production’ and thus the fee is still payable.
When you are having your Attorneyship challenged by the Office of the Public Guardian (OPG), or you are fighting a safeguarding case where the Local Authority are making unfounded allegations against you, or decisions are being made about your relatives that you do not think are in their best interests, this is yet another unwanted barrier to getting your relative the decision you know they are entitled to.
Whilst paying out £50 to £60 is not the end of the world and we agree that it seems unfair, as things currently stand, the short answer to the question is, yes, most doctors will charge for a copy of a person’s medical records.