Frequently asked questions about medical treatment and records in the UK

 

Can I see my children's medical records?

Where the patient is a child (under 18, or, in Scotland, under 16), any person with parental responsibility may apply for access to medical records. Where more than one person has parental responsibility, each may independently exercise rights of access. When a child lives with his or her mother and the father applies for access to the child's records, there is no obligation to inform the child's mother that access has been sought. Access should only be given with the child's consent, if the child is capable of giving consent. If the child lacks the capacity to understand the nature of the application but access would be in his or her best interests, access may be granted. Also see BMA website

 

What if the parents disagree about medical treatment?

Generally, the law only requires doctors to have consent from one person in order lawfully to provide treatment. In some cases, therefore, a competent child's consent is sufficient in law, although it is always desirable to involve parents with the child's agreement. In practice, however, parents sometimes disagree and doctors are reluctant to override a parent's strongly held views, particularly where the benefits and burdens of the treatment are finely balanced and it is not clear what is best for the child. The doctor should attempt to discuss the matter in order to reach a consensus. If this fails, a decision must be made by the clinician in charge whether to go ahead despite the disagreement. The onus is then on the dissenting parent to take steps to reverse the doctor's decision. If the dispute is over a controversial and elective procedure, for example male infant circumcision for religious purposes, doctors must not proceed without the authority of a court. In Scotland, the Children Act imposes an obligation on any person exercising a parental responsibility or parental right to have regard to the views of any other person with the same rights and responsibilities.

 

The GMC Guidance document 'Young People 0 - 18: Guidance for All Doctors' can be found here.

 

If you have a question about your responsibilities as a parent, as regards medical care, which isn't answered above, then please email it to webmaster@fnf.org.uk. Unfortunately we are not able to answer all emails.