Parents at war over child’s medical records – MPS reveals figures on ‘Divorce Day’

The Medical Protection Society (MPS) reveals the rising number of calls on parents warring over a child’s medical records – a record 179 calls last year – on ‘Divorce Day’ (4 January). The figures work out at one phone call every other day from GPs seeking advice from MPS.

On the day divorce lawyers are expected to return to a surge in new cases, from families who have struggled to stay together during the festive period, doctors start having to make difficult judgement calls when dealing with requests to disclose information that they hold.

UK law states that the mother of the child has parental responsibility and, therefore has a right of access to their records. However, a partner’s access to a child’s records can be less straightforward and MPS has received 800 calls from GPs seeking advice on this area in the last five years. A further consideration is as to whether or not the child’s consent should be sought prior to the disclosure.

The most common request for advice that MPS receives in these circumstances relates to an estranged father seeking access to medical information about their child, following an acrimonious split with the child’s mother.

Richard Stacey, Medicolegal Advisor at the Medical Protection Society said, “The Christmas period is obviously a stressful time for many families. Calls from GP’s concerned about separated parents having access to children’s records are now among our most common.

'Access to a child’s records can be a contentious point for separated parents and it has the potential to raise all kinds of issues relating to parental rights and the GP’s obligations. We received a record number of calls last year and expect that this will continue to rise.

The interests of the child are paramount at all times. In most cases the request for access is well-intentioned and reasonable, but it is important that all requests for access to a child’s records are dealt with fairly and in line with the relevant professional guidance and legislation.

When disclosing information, GPs must make sure that the person making the request has parental responsibility. They must be careful to withhold any information in the records relating to identifiable third parties*, or that could be harmful to any parties. Consideration should also be given to whether or not it is appropriate to obtain the child’s consent before disclosing information.

As children get older, their own understanding matures. The right to make a decision shifts from parent to the child when the child has sufficient maturity to be capable of making up his or her own mind and their consent should usually be sought prior to disclosing their records.

It is vital that GPs do not become embroiled in any family disputes, although this can be especially difficult when both parents are patients at the practice. Doctors must consider any request for access to a child's records objectively and fairly.'

Further information

For further information please contact the MPS Press Office on 0207 399 1319.

Notes to editors

* This would not include healthcare professionals who have been involved in the child's care.

Read 'GPs in crossfire as separated parents seek access to children's records' (The Guardian, 4 January 2013) to find out more about this issue.