Patients 'should not be charged for access to their records'

PATIENTS should no longer be charged for access to their medical records, community health councils said yesterday. In addition, there should be a clear appeal system when access is refused, writes Nicholas Timmins.

For while the legislation which has given patients the legal right to see copies of their records since 1 November 1991 had been 'a major step forward', patients had met many obstacles in actually gaining access, the Association of Community Health Councils in England and Wales said.

'This right has been been whittled down by small print, high charges and the role played by doctors in deciding whether patients should see their records,' Toby Harris, the association's director, said.

Some of the biggest problems have been in general practice where family doctors are less clear about patient's rights and access should now be extended back to records made before November 1991, the association said. In addition, now that it is clear that hospitals and others are not being flooded with demands by patients to see their records, charges should be lifted. Where records have not been updated within the past 40 days, the holder may charge up to pounds 10 for access and all patients can be charged for actual copies of their records. In some cases that has produced a total charge of pounds 50 or more, the association said.

In addition, an appeal system - which was originally intended but never implemented - is also urgently needed, the association said. Doctors can refuse access to records by arguing the contents would be 'seriously harmful'.