Thinking of trying for a court order for SAR

[Miss Hope]

I understand that you are your son's "biological" parents but do you have parental responsibility?

 

If, as you say "the NHS gave us all their DATA" then why are you pursuing it with CAHMS?

 

Write to them and ask them why they are withholding information and remind them they have to have a good reason for doing so.

 

This is my suggestion. A very firmly written letter. You could call it a "Letter before Action" which might carry a little more weight.

 

Good luck.

[nannamoon1]

I understand that you are your son's "biological" parents but do you have parental responsibility?

 

If, as you say "the NHS gave us all their DATA" then why are you pursuing it with CAHMS?

 

Write to them and ask them why they are withholding information and remind them they have to have a good reason for doing so.

 

This is my suggestion. A very firmly written letter. You could call it a "Letter before Action" which might carry a little more weight.

 

Good luck.

 

Of course we have parental responsibility, Cahms come under a different area of the NHS hence why we had to make 2 separate requests.

 

There are some emails from Cahms that I would like.

 

Will try the letter before action, however I doubt they will budge, as they are hiding information.

[Miss Hope]

Just remember that CAHMS do have a right to withhold certain information but you are right to question it.

 

If it's just emails that you want, why not ask the recipient of the emails for their copy - don't give them too much information - just tentatively phone them up and ask them to send you a copy - if they ask why, you could say that you just want a copy for your records! They may just hand it over, nicely.

 

Take care.

[nannamoon1]

Just remember that CAHMS do have a right to withhold certain information but you are right to question it.

 

If it's just emails that you want, why not ask the recipient of the emails for their copy - don't give them too much information - just tentatively phone them up and ask them to send you a copy - if they ask why, you could say that you just want a copy for your records! They may just hand it over, nicely.

 

Take care.

 

The receipt of the emails, has been questioned by us and denied everything, so no an option to ask, I will pursue this even if I have to go to court.

[think about it]

Obvious question in this, have you approached the GP in relation to the same - we often recieve copies of consultant letters and outcomes of investigations.

[nannamoon1]

Obvious question in this, have you approached the GP in relation to the same - we often recieve copies of consultant letters and outcomes of investigations.

 

The GP is fantastic, in fact he made some strong allegations regarding the consultant last year:-D So the GP would not have been copied in to these emails, or I could get them.

 

I have been onto the school and they have said send a SAR and you can have everything which is good because some of what the school have in way of emails is what CaHms have with held.

 

Its the emails between the 3 professionals that I want, I do have a lot of DATA which the consultant probably regrets releasing now, as she has basically given me hard evidence.

 

We received CaHMs DATA, would you believe it if I told you, that there is telephone notes from one professional to another (there are 3 professionals involved in this case) stating we are not happy, and the CaHms professional has typed up well they can have this diagnosis or this diagnosis, basically giving us the choice!!

 

REALLY, but thank you very much for that evidence!!

 

I am not quite sure how they are going to get out of this as I can prove with factual evidence.

 

It would just be nice to have all the DATA.

[nannamoon1]

Can someone please tell me the cost of taking the NHS to court to see if I can obtain an order to get medical records to which they have with held.

 

There is no reason for them to with hold other than the fact they are hiding something which they have messed up.

 

If someone could tell me what they think the success rate would be and the total cost, would I have to attend?

 

Thank you, any help would be greatly appreciated

[BankFodder]

I have read through some of this thread – but not all – including the advice from at least two or three people that you are not entitled to see any information which is held by the NHS if it has been provided by third party.

 

I notice that the people who have given you this advice have not provided any authority for what they say.

 

In the absence of any authority, I completely disagree. You are entitled to receive all information that is held – unless there is some special reason which qualifies under the Data Protection Act.

 

In terms of how you should bring an action to compel the NHS to provide you with the data, you will have to begin a part eight action – which is not a small claim and is a little more complicated to bring than an ordinary part seven small claim.

 

I don't know what the present rate for the claim is but it used to be £150.

 

I suggest that you have a look at the court services website and download the forms relating to a part eight action. And also there will be notes which accompany the forms which will give you information on how to begin the action.

 

Incidentally, you can expect the NHS to fight tooth and nail on this. Their money is unlimited – it doesn't belong to them – it belongs to the taxpayer – and they don't care how they spend it.

 

At the same time I would make a formal complaint to the information Commissioner.

 

To the other people who have given the advice that you are not entitled third party information, I will be interested if you would respond to this thread and say why you believe that and also provide a link to the authority.

 

It is very unhelpful to give advice where it is not supported at least by some kind of link to an appropriate authority.

[Guest]

court fees

form ex50a hmcts see non money claims/other fees. eg cty court 280£ to issue.