Census 100 year rule based on what?

[BushInn1746]

Hello

"For hospital records, the record holder is the records manager at the hospital the person attended. Fees may apply for accessing these records." ...
https://www.nhs.uk/common-health-questions/nhs-services-and-treatments/can-i-access-the-medical-records-health-records-of-someone-who-has-died/

The Archivist I believe is wrong to assume the role of Records Manager in refusing you access, provided you have a written letter from the Records Manager at the Institution that looked after your relative authorising you to see your relative's records.

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One government Dept tried to refuse access under the DPA to their records relating to my late Son.

However, I had to remind them in writing that the UK DPA (Data Protection Act) no longer applies once a person has died.

Mark

[LizzieW]

Mark

1.  I was not executor or administrator of my g.uncle's estate.  I have no idea who was as he was the last of his siblings to die and, as far as I know, none of my mum or her siblings had anything to do with him.

2.  It was the principal of the hospital who said I could see the notes but, of course, he wasn't there during the time my g.uncle was an inpatient.

3. The archivist was adamant that the 100 year rule applied, despite my writing lengthy letters using phrases and paragraphs that Guy Etchells suggested quoting various rules and regulations.

So when the archivist says No, I have no idea what else I can do. I only really wanted to know how my g.uncle did during his years in the mental hospital.  My mum remembered going to see him when she was about 11 with her mum, and being terrified at seeing (in her words) a "madman".  Much to her surprise he was gardening in the hospital grounds and she said he seemed quite normal.  His trade was actually a butcher, but I guess gardening must have been a safer occupation in the situation he found himself in.

I'm sure today, with the medication we have, my g.uncle would have been able to lead a fruitful life in the community.

[BushInn1746]

2.  It was the principal of the hospital who said I could see the notes but, of course, he wasn't there during the time my g.uncle was an inpatient.

Hi

Of course the Records Manager will have changed after time, you'll need to deal with the current record holder (this is NOT the Archives) but it would be good to establish who deposited the records in the Archives and then you either ask the Depositor's Records Manager's successor, or the Unit's successors if responsibility was transferred and the responsibility for records was also transferred, for the authority to see the records.

Once the current Records Manager responsible for the Deposited Records has agreed you can see the old notes, ask him/her for a letter you can produce to the Archivist (name) at the (full name of) Archives, saying we are responsible for those records and are authorising Lizzie ..... to see the notes of __________.

Mark

[Guy Etchells]

Mark

1.  I was not executor or administrator of my g.uncle's estate.  I have no idea who was as he was the last of his siblings to die and, as far as I know, none of my mum or her siblings had anything to do with him.

2.  It was the principal of the hospital who said I could see the notes but, of course, he wasn't there during the time my g.uncle was an inpatient.

3. The archivist was adamant that the 100 year rule applied, despite my writing lengthy letters using phrases and paragraphs that Guy Etchells suggested quoting various rules and regulations.

So when the archivist says No, I have no idea what else I can do. I only really wanted to know how my g.uncle did during his years in the mental hospital.  My mum remembered going to see him when she was about 11 with her mum, and being terrified at seeing (in her words) a "madman".  Much to her surprise he was gardening in the hospital grounds and she said he seemed quite normal.  His trade was actually a butcher, but I guess gardening must have been a safer occupation in the situation he found himself in.

I'm sure today, with the medication we have, my g.uncle would have been able to lead a fruitful life in the community.

The Act that covers access to medical records is the Access to Health Records Act (1990),
http://www.rootschat.com/links/01n3r/
(Be aware you only have 10 years to gain access to G.P. records before they are destroyed).
Only the patent's representative (this would be his/her executor if he/she left a will or his/her Administrator if he/she died intestate) has the right to see the full records.
Cheers
Guy

P.S. Hospitals are frightened of being sued for malpractice which is why they are frightened of revealing patient notes.
This fear is not unfounded as NHS hospitals are a very dangerous place for any person to be treated, as the tabloids have revealed over the years.
Guy

[LizzieW]

P.S. Hospitals are frightened of being sued for malpractice which is why they are frightened of revealing patient notes.
This fear is not unfounded as NHS hospitals are a very dangerous place for any person to be treated, as the tabloids have revealed over the years.

I can understand that, but surely no-one is likely to sue the NHS over the treatment of a mental patient from 1907-1964 (For most of that time there wasn't even an NHS). 

I might try again and see if they will send me his notes from 1907 to 1918.

Lizzie