Question to the Department of Health and Social Care:

To ask Her Majesty's Government, further to the Written Answer by Lord O'Shaughnessy on 27 November (HL3647), what guidance is available to patients on the most appropriate body to submit complaints to regarding denial of access to medical records; whether doctors are obliged to provide access to medical records if a complaint is upheld; and whether they have any plans to simplify the complaints process for patients who are denied access to their medical records.

NHS Choices and the Information Commissioner provide online only guidance on making a complaint to the National Health Service about access to medical records. In addition, assistance may be provided locally by Patient Advice and Liaison Services and NHS Complaints Advocacy Services.

If someone is unhappy with the outcome of their complaint to the NHS, they are able to take that complaint to the Health Service Commissioner and the Information Commissioner.

Except in prescribed circumstances, organisations are obliged to provide patients with access to their medical records. Failure to do this is a breach of the Data Protection Act. Where individual doctors refuse to comply with an upheld complaint the matter should be referred to the relevant professional body.

There are currently no plans to change current NHS complaints arrangements.