Access to child's GP records whilst in LA care

[VD2ER]

I tried to obtain my children's GP details and when that was refused sent a SAR to them via the NHS (Primary Care Support England).

It was refused and the ICO refused to consider the request and stated, "We have considered the information you have provided in line with our published framework and have decided not to undertake a more detailed investigation".

And:
"Where an organisation has made a decision, they feel is in the best interest of a child, we wouldn’t ordinarily look to dispute this, recognising this is a subjective issue. It’s likely we would leave the matter to the discretion of the courts or other authorities to make a judgment."

Is this the norm? There is no substantive reason I should not obtain access to these records. I have never acted against the interest of my children.

[Suzie, FRG Adviser]

Dear VD2ER

Thank you for your enquiry details of which are below. Welcome to the discussion board, I am an adviser at Family Rights Group and will be replying to you today.

You requested your children’s GP records. This was refused so you made a Subject Access Request (SAR). The Information Commissioner’s Office (ICO) refused this for the reasons stated above. You say there is no substantive reason why you should not obtain access to your children’s records and want to know whether this is normal practice.

If you disagree with the outcome of the ICO findings, you may wish to make a formal complaint. I suggest you seek further information and advice from their website as this is outside of our remit and area of expertise.

Your children are in the care of the local authority. I will assume there are care orders in place. Whilst you retain parental responsibility for your children, depending on their age and understanding they may not wish for medical information to be shared. I suggest you discuss this with the allocated social worker for further information and advice.

I hope you find the information helpful. If you have any further questions or enquiries regarding children’s services, please do come back to us here or via or other methods of communication (please see our website for further information).

Best wishes, Suzie.

[VD2ER]

Many thanks for the reply.

The response from the social work is a simple "NO".

The sole justification is that my children are in local authority care. There is no further justification where I am allowed continuing unsupervised contact with my children.

I will pursue this and report back to the group.

[ItJustMe2026]

The social worker is relying on your lack of legal knowledge here. The mere fact that a child is in Local Authority (LA) care does not automatically strip a parent of their right to see medical records.

Here is the actual law and the strategy you need to use to break through this brick wall:

1. The Legal Reality of Parental Responsibility (PR)
Assuming your children are under a Full Care Order (Section 31), the Local Authority has shared Parental Responsibility. Under Section 33(3) of the Children Act 1989, the LA has the power to limit your exercise of PR, but only if it is necessary to safeguard or promote the child’s welfare. They cannot just issue a blanket ban because "the kids are in care." If you have ongoing, unsupervised contact, there is no logical argument that seeing their immunization records or general GP history is a safeguarding risk to them.

2. Bypassing the Social Worker: Go to the Caldicott Guardian
Do not waste your time arguing with the social worker or Information Governance anymore. Every NHS Trust, GP practice, and Local Authority has a Caldicott Guardian. This is a senior person responsible for protecting patient information and making sure access requests are handled legally, not politically.

The GP practice refused your SAR because the social worker likely flagged the file saying "child in care, do not release." The GP is just covering their back. You need to target the GP Practice Manager and the Local Authority’s Caldicott Guardian directly.

3. Immediate Action Plan: The Legal Pushback
Send a formal letter to the GP Practice Manager where the children are registered, and copy in the Social Work Team Manager. Use this heavy legal framing:
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"Dear Practice Manager,

I am writing regarding the recent refusal of my Subject Access Request (SAR) for my children’s medical records, and the Local Authority's blanket statement that access is denied simply because the children are accommodated under a Care Order.

As a matter of law, I retain Parental Responsibility (PR) for my children under the Children Act 1989. While the Local Authority shares PR under a Care Order, Section 33(3) of the Children Act 1989 dictates they may only limit my PR if it is strictly necessary to safeguard the children. The Local Authority has provided no safeguarding justification, which is evidenced by the fact that I am permitted continuing unsupervised contact with my children.

The Data Protection Act 2018 and the Access to Health Records Act 1990 grant individuals with PR the right to access a child's records unless the child is 'Gillick Competent' and explicitly objects, or if disclosure would cause serious harm.

By issuing a blanket 'NO' without a documented safeguarding assessment, the Local Authority is unlawfully restricting my statutory PR, and the GP practice is acting on an invalid restriction.

Please pass this matter urgently to your practice's Caldicott Guardian. I require a formal, written decision notice detailing exactly which statutory exemption under the Data Protection Act 2018 is being relied upon to deny a biological parent with active PR access to their children's medical history. A simple statement that 'the children are in care' is legally insufficient."
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When the GP's Practice Manager and Caldicott Guardian read the words Section 33(3) and realize they are being asked to provide the exact statutory exemption under the Data Protection Act, they will panic. They know they cannot use "the social worker said so" as a legal defence. They will force the social services team to either provide a genuine court-backed reason or drop the restriction.

Keep pushing. You have the right to know your children's health status.