The Access to Health Records Act 1990 gives every living person, or an authorised representative, the right to apply for access to any personal information an organisation is using or storing.

Live Online Access

Where possible we recommend registering for online access – this gives you – or an authorised representative – ongoing access to up-to-date current views of patient records, test results and other information.  You can request access to your records by using the NHS login or making a request in person at the practice.

Access to Historic Records

If the information you require isn’t available online, or you can’t access online services, then you will need to contact the practice to request a copy of your records.  A request for access to medical health records held at Loxwood Medical Practice can be made in writing or by email using the Medical Records Request form. A GP Partner will have ultimate responsibility for releasing any information.

We will comply with an access request providing we have sufficient information to identify the requesting person and to locate the information held about them within 1 calendar month ‘Day one’ is the day of receipt – for example, a request received on 3 September should now be responded to by 3 October.

If  we receive a request, but the patient hasn’t signed the consent form, the clock would start ticking once you have obtained consent  (in exceptional circumstances where it is not possible to comply within this period the subject will be informed of the delay and given a timescale for when the request is likely to be met).

Patients are entitled to request all information that we hold about them, but it is reasonable to ask whether all information is required or if a more tailored or limited amount of information may be preferable.

When making a request for access, it would be helpful if details of the time-periods and which aspects of the health record are required.

If an authorised representative is making the request, the patient needs to be aware that in doing so they may gain access to all health records concerning them, which, may not all be relevant. If this is a concern, the patient should inform their representative what information they wish them to specifically request when they are applying for access.

A request can be refused if it is ‘manifestly unfounded or excessive’. The patient must be informed with an explanation why and that they have the right to complain to the ICO.

In some circumstances, we have the right to withhold information held in the medical record:

• If it is likely to cause serious physical or mental harm to the patient or another person
• Information relates to a third party who has not given their consent for disclosure
• If information is requested by a third party and the patient has requested that their information remain confidential. Such information will remain confidential once considering the legal implications of a request for the purpose of litigation.
• It is restricted by order of the court
• It relates to the keeping or using of gametes or embryos or pertains to an individual being born as a result of in-vitro fertilisation
• Or in the case of children’s records, disclosure is prohibited by law e.g. adoption

Any exempt information, such as third party names or information personal to another person will be redacted by us. The GP takes full responsibility as to whether or not to disclose information.

If an explanation of unintelligible medical terms is required this will be provided on request.

Patients may seek a correction of medical information that they believe is inaccurate. The GP is not obliged to accept the patient’s opinion, but must ensure that the medical record indicates the patients view. A copy of the correction will be supplied to the patient. Patients have the right to apply to the ICO or the courts to have inaccuracies amended or destroyed.

Parents may have access to their children’s records if this is not contrary to the child’s best interests or the child’s wishes. Refer to the BMA guidance below for who has parental responsibility and a detailed version of information contained within this policy.

Patients with a mental disorder or some degree of cognitive impairment should not automatically be regarded as lacking capacity to give consent and can make valid decisions about some matters that affect them, refer to the BMA guidance.

Healthcare professionals have the power to disclose medical records to the police, but there is no obligation to do this without a court order or a warrant. Patients must give their consent or there needs to be an overriding need in the interest of public safety, such as a serious threat to public health, national security, the life of an individual or a third party, or to prevent or detect serious crime. For more advice speak to the Caldicot Guardian.

The ICO state that the use of a SAR to disclose medical information for life insurance purposes is an abuse of subject access rights which could also risk breaching the GDPR. If such a request is received from an insurance company, the patient will be contacted and the information requested may be given to the patient and it is their choice to disclose it to the insurance company. Insurance companies are expected to make a formal GP Medical Report request under the terms of the Access to Medical Reports Act 1988 for which there is an administration charge.

Making a Medical Records Access Request

Please download, complete and print this form and return to Loxwood Medical Practice:

Loxwood Medical Records Access Request Form 08_24

Disclosure after Death

There is an ethical obligation to respect a patient’s confidentiality beyond death. There is also a duty of confidence attached to the medical records of a deceased person under section 41 of the Freedom of Information Act. Under the terms of the Access to Health Records Act 1990 a personal representative or a person who may have a claim arising out of a death has a right of access to information which is directly relevant to a claim. Medical information that is not directly relevant to a claim should not be disclosed.

Request for information from the medical record of a patient that has died should be made in writing to a GP.

A GP can use their discretion to disclose information about a ‘last illness’ to the relatives of a deceased person. This may be of benefit for example to disclose a hereditary or infectious condition, a misdiagnosis or negligence where the deceased person would have wanted disclosure in the interests of justice.

Patients no longer Registered at Loxwood Medical Practice

Medical records are not stored at the GP surgery once a patient has moved away or died. It is the responsibility of PCSE to store these records appropriately and destroy them once they reach their retention age.

Complaints

If a patient has any complaints about any aspect of their application to obtain access to their health records, they should first discuss this with the clinician concerned. If this proves unsuccessful, they can make a complaint following our complaints procedure.

Alternatively you can contact the Information Commissioners Office (responsible for governing Data Protection compliance). Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Tel 0303 123 1113 or 01625 545 745 or www.ico.org.uk

For most patients, respect, explanation, consent and privacy take precedence over the need for a chaperone. The presence of a chaperone does not remove the need for adequate explanation and courtesy and neither can it provide full assurance that the procedure or examination is conducted appropriately.

It is important that children and young people are provided with chaperones. The GMC guidance states that a relative or friend of the patient is not an impartial observer and so would not usually be a suitable chaperone. There may be circumstances when a young person does not wish to have a chaperone. The reasons for this should be made clear and recorded in the patients records.

All staff must be aware that chaperones are used to protect both patients and staff. All staff undertaking chaperone training must have a completed DBS (criminal records) check.

All patients should routinely be offered a chaperone during any intimate consultation, examination or procedure. This does not mean that every consultation needs to be interrupted in order to ask if the patient wants a chaperone to be present. The offer of chaperone should be made clear to the patient before any procedure, ideally at the time of booking the appointment, but if this has not occurred then patients can be asked when the examination is suggested.

For children and young people, their parents, relatives and carers should be made aware of the policy and why this is important.

For patients with mental health problems that affect capacity it may be appropriate for a familiar individual, carer or family member to be present but this should not replace the need for an independent chaperone. Adults with learning difficulties or mental health problems who resist any intimate examination or procedure should be deemed to be refusing consent and the procedure should be abandoned.

Where a patient is offered but does not want a chaperone, it is important that the practice has recorded that the offer was made and declined or accepted.

If the patient has requested a chaperone and none is available at that time, the patient must be given the opportunity to reschedule their appointment within a reasonable timeframe. If the seriousness of the condition would dictate that a delay is inappropriate, then this should be explained to the patient and recorded in their notes. A decision to continue or otherwise should be reached jointly.

Complaints procedure

If you have a complaint or concern about the service you have received from the doctors or any of the staff working in this practice, please let us know. We operate a practice complaints procedure as part of an NHS system for dealing with complaints. Our complaints system meets national criteria.

Patients may seek a correction of medical information that they believe is inaccurate. The GP is not obliged to accept the patient’s opinion, but we will ensure that the medical record indicates the patients view and an investigation will be carried out to determine accuracy. A copy of a correction will be supplied to the patient if appropriate. Patients have the right to apply to the ICO or the courts to have inaccuracies amended or destroyed.

Patients can raise their concerns about information that may have been redacted. They can make a request for an explanation as to the reason why information may have been redacted from view.

How to complain

We hope that most problems can be sorted out easily and quickly, often at the time they arise and with the person concerned.  If your problem cannot be sorted out in this way and you wish to make a complaint, we would like you to let us know as soon as possible – ideally within a matter of days or at most a few weeks – because this will enable us to establish what happened more easily.  If it is not possible to do that, please let us have details of your complaint:

*    within 12 months of the incident that caused the problem; or

*    within 12 months of discovering that you have a problem

Complaints should be addressed to the Practice Management Team, or any of the Doctors and be preferably by email sxicb-wsx.complaints.loxwoodmedicalpractice@nhs.net or in writing, if this is not possible please ask a member of the Admin Team if a member of the Management Team could contact you regarding a complaint that you would like to discuss.

Informal Complaints

As a patient, relative or carer, you may wish to raise a concern about any aspect of your care but do not want to make a formal complaint. We aim to respond to those complaints at the time, but if you are not satisfied, then you are entitled to make a formal complaint. You may also make a complaint on behalf of someone else, provided you have their consent and the practice is satisfied you are acting in their best interests.  If the practice decides this is not the case, you will be notified in writing and an explanation given.

If you wish to make your complaint official, this can still be raised as an oral complaint, the complaint will be recorded and a copy of the written record given to you. It will be a great help if you are as specific as possible about your complaint.

What we shall do

We will endeavour to acknowledge your complaint in a timely manner.  We will look into your complaint and discuss with other members of the practice team.  We will endeavour to respond to you within 28 days.

When we look into your complaint we shall aim to:

*    find out what happened and what went wrong

*    make it possible for you to discuss the problem with those concerned, if you would like this.

*    make sure you receive an apology, where this is appropriate

*    identify what we can to make sure the problem doesn’t happen again.

If a resolution has not been reached, you have the right to take the complaint to the Health Service Ombudsman.

Complaining on behalf of someone else

Please note that we keep strictly to the rules of confidentiality.  If you are complaining on behalf of someone else, we have to know that you have their permission to do so.  Please complete the complaints consent form.

Complaining to NHS Frimley ICB

We hope that, if you have a problem, you will use our practice complaints procedure.  We believe this will give us the best chance of putting right whatever has gone wrong and an opportunity to improve our practice.  But this does not affect your right to the ICB if you feel you cannot raise your complaint with us or you are dissatisfied with the result of our investigation.

South East Complaints Hub
NHS Frimley ICB
Aldershot Centre for Health
Hospital Hill
Aldershot
Hampshire
GU11 1AY

Complaints phone number: 0300 561 0290 Complaints email address: frimleyicb.southeastcomplaints@nhs.net

You may also contact:

Healthwatch

www.healthwatch.co.uk/local-healthwatch-practice/westsussex

Healthwatch will work to help people get the best out of their health and social care services, providing them with advice and information on local services.

Healthwatch West Sussex Independent Health Complaints Advocacy Service (IHCAS)

Telephone: 0300 012 0122

Email: helpdesk@healthwatchwestsussex.co.uk

Address: The Billingshurst Community Centre, Roman Way, Billingshurst, West Sussex RH14 9QW

Getting involved with your GP Practice

If you would like to take part in patient surveys and receive patient newsletters, please subscribe to newsletter via the home page on this website.

If you would like to make suggestions for improved services please do so by putting your suggestion in the box which is located just inside the surgery or via contact us on our practice website.

GDPR/Data Protection 2018 gives every living person, or an authorised representative, the right to apply for access to any personal information an organisation is using or storing.

The GDPR privacy policy for direct care is displayed in the waiting room, in the practice booklet and on the practice website. There is no fee for this service.

A request for access to medical health records held at Loxwood Medical Practice can be made in writing (e-mails are accepted) or verbally over the telephone to our Secretary team. A GP Partner will have ultimate responsibility for releasing any information.

We will comply with an access request (SAR) providing we have sufficient information to identify the requesting person and to locate the information held about them within 1 calendar month ‘Day one’ is the day of receipt – for example, a SAR received on 3 September should now be responded to by 3 October.

If  we receive a SAR, but the patient hasn’t signed the consent form, the clock would start ticking once you have obtained consent  (in exceptional circumstances where it is not possible to comply within this period the subject will be informed of the delay and given a timescale for when the request is likely to be met).

Subjects are entitled to request all information that we hold about them, but it is reasonable to ask whether all information is required or if a more tailored or limited amount of information may be preferable.

When making a request for access, it would be helpful if details of the time-periods and which aspects of the health record are required.

If an authorised representative is making the request, the patient needs to be aware that in doing so they may gain access to all health records concerning them, which, may not all be relevant. If this is a concern, the patient should inform their representative what information they wish them to specifically request when they are applying for access.

A request can be refused if it is ‘manifestly unfounded or excessive’. The patient must be informed with an explanation why and that they have the right to complain to the ICO.

In some circumstances, we have the right to withhold information held in the medical record:

• If it is likely to cause serious physical or mental harm to the patient or another person
• Information relates to a third party who has not given their consent for disclosure
• If information is requested by a third party and the patient has requested that their information remain confidential. Such information will remain confidential once considering the legal implications of a request for the purpose of litigation.
• It is restricted by order of the court
• It relates to the keeping or using of gametes or embryos or pertains to an individual being born as a result of in-vitro fertilisation
• Or in the case of children’s records, disclosure is prohibited by law e.g. adoption

Any exempt information, such as third party names or information personal to another person will be redacted by us. The GP takes full responsibility as to whether or not to disclose information.

If an explanation of unintelligible medical terms is required this will be provided on request.

Patients may seek a correction of medical information that they believe is inaccurate. The GP is not obliged to accept the patient’s opinion, but must ensure that the medical record indicates the patients view. A copy of the correction will be supplied to the patient. Patients have the right to apply to the ICO or the courts to have inaccuracies amended or destroyed.

Parents may have access to their children’s records if this is not contrary to the child’s best interests or the child’s wishes. Refer to the BMA guidance below for who has parental responsibility and a detailed version of information contained within this policy.

Patients with a mental disorder or some degree of cognitive impairment should not automatically be regarded as lacking capacity to give consent and can make valid decisions about some matters that affect them, refer to the BMA guidance.

Healthcare professionals have the power to disclose medical records to the police, but there is no obligation to do this without a court order or a warrant. Patients must give their consent or there needs to be an overriding need in the interest of public safety, such as a serious threat to public health, national security, the life of an individual or a third party, or to prevent or detect serious crime. For more advice speak to the Caldicot Guardian.

The ICO state that the use of a SAR to disclose medical information for life insurance purposes is an abuse of subject access rights which could also risk breaching the GDPR. If such a request is received from an insurance company, the patient will be contacted and the information requested may be given to the patient and it is their choice to disclose it to the insurance company. Insurance companies are expected to make a formal GP Medical Report request under the terms of the Access to Medical Reports Act 1988 for which there is an administration charge.

Making a Request

Please download, complete and print this form and return to Loxwood Medical Practice:

Subject Access Request Form 08_24

Disclosure after Death

There is an ethical obligation to respect a patient’s confidentiality beyond death. There is also a duty of confidence attached to the medical records of a deceased person under section 41 of the Freedom of Information Act. Under the terms of the Access to Health Records Act 1990 a personal representative or a person who may have a claim arising out of a death has a right of access to information which is directly relevant to a claim. Medical information that is not directly relevant to a claim should not be disclosed.

Request for information from the medical record of a patient that has died should be made in writing to a GP.

A GP can use their discretion to disclose information about a ‘last illness’ to the relatives of a deceased person. This may be of benefit for example to disclose a hereditary or infectious condition, a misdiagnosis or negligence where the deceased person would have wanted disclosure in the interests of justice.

Patients no longer Registered at Loxwood Medical Practice

Medical records are not stored at the GP surgery once a patient has moved away or died. It is the responsibility of PCSE to store these records appropriately and destroy them once they reach their retention age.

Complaints

If a patient has any complaints about any aspect of their application to obtain access to their health records, they should first discuss this with the clinician concerned. If this proves unsuccessful, they can make a complaint following our complaints procedure.

Alternatively you can contact the Information Commissioners Office (responsible for governing Data Protection compliance). Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Tel 0303 123 1113 or 01625 545 745 or www.ico.org.uk

Privacy Notice for Direct Care (4)

Fair Processing Privacy Notice (1)

GP Earnings 2022/23

NHS England require that the net earnings of doctors engaged in the practice is published and the required disclosure is shown below. However, it should be noted that the prescribed method for calculating earnings is potentially misleading because it takes no account of how much time doctors spend working in the practice and should not be used to form any judgement about GP earnings, nor to make any comparisons with any other practice.

All GP practices are required to declare the mean earnings (eg average pay) for GPs working to deliver NHS services to patients at each practice.

The average pay for GPs working in Loxwood Medical Practice in the last financial year (2022/23) was £72,828 before tax and National Insurance. This is for 1 full time GP and 7 part time GPs who worked in the practice for more than six months.

March 2024

Loxwood Medical Practice- Your partner for a healthier future

Core values and principles

Our core values and principles which guide us are:

Patient-centred: Each patient’s individual needs and experience are our first consideration and at the heart of everything we do.

Quality: To provide the highest possible standards of care and treatment to patients with diversity, equity and equality of access.

Premises: To provide our patients with a clean, modern and safe environment when they visit us.

Ethical: To work within an ethical frame work at all times through a policy of openness and transparency.

Innovation: To continually innovate to bring about change for the wellbeing of our patients. These will be met as far as possible as financial resource shall allow.

Teamwork: To work together and support each other for the benefit of our patients.

Staff: To invest in the development of staff to provide a highly skilled work force. Our staff are expected to display compassion, courtesy, professionalism and integrity in all their dealings with patients, their families and with each other.

We undertake to:

• Treat you with respect and courtesy at all times.
• Provide you with advice and treatment in a timely manner.
• Help you make decisions about your health by treating you as an individual.
• Discuss what treatment is available and refer you on to other experts where necessary.
• Act as your advocate and guide, when you need health and social services.
• Maintain confidentiality in what we discuss and the records we keep on your behalf.
• Keep up to date with developments in health care by continuing to learn.

In return we ask you to:

• Respect our staff; they always try to do their best for you.
• Keep your appointment, or let us know as soon as possible if you are unable to attend.
• Only use the out-of-hours services for urgent conditions which can’t wait until the next day or until after the weekend.
• Let us know if you have any suggestions or cause for complaint as soon as possible.
• Please also let us know when we have done well.