Access to the health and care records of deceased people guidance for patients and service users

You can contact the health and care organisation that cared for the person to request this. That organisation will carefully consider the request before reaching a decision.

Access will usually be granted where the request comes from a personal representative of the deceased who holds a role set out in law. This is usually the person who holds the probate documentation (such as the Grant of Probate or Letters of Administration) or is named as executor in the deceased’s will.

The organisation holding the records must be satisfied that you are the personal representative before releasing records to you.

If you are not the personal representative of the deceased but you have a claim arising out of the death of the deceased, you may have the right to see the health records of the deceased where they are relevant to your claim. However, because the duty of confidentiality extends after someone has died, an NHS organisation will not always grant access. Staff will need to take into account, for example, any wishes expressed by the individual before their death, or by their personal representative.

The situation is different for access to social care records. If you are not the personal representative of the deceased, you will need to obtain the written permission of the personal representative to gain access to the deceased’s social care record. Alternatively, you could gain access via a court order.

To make a request to access the records of someone who has died, you may need to provide:

• information that identifies the deceased, such as their name and date of birth or NHS number
• documentation demonstrating that you are the personal representative, or you have permission from the personal representative
• information that identifies who you are (including photographic ID)
• information outlining what your request is for; for example, exactly which records you are requesting and the reason you are requesting them (if applicable).

You should receive a response within 40 days.