How to Access a Deceased Relative’s NHS Medical Records

How to Access a Deceased Relative’s NHS Medical Records

Losing a loved one is difficult, and accessing their medical records can feel complex. While the UK GDPR only applies to the living, you still have legal avenues to access a deceased person’s NHS files.

Here is a concise guide to navigating this process, including exactly who to submit your request to and how.

1. Understanding the Legal Right to Deceased Records

The Problem

• Confidentiality outlives the patient: The UK GDPR ends at death, but the clinical duty of confidentiality remains active, meaning records are never released automatically.

What you can do

• Use the correct legislation: Submit your request under the Access to Health Records Act (AHRA) 1990.

• Check the timeline: Ensure the requested files were created on or after 1 November 1991, as the Act does not cover manual records written before this date.

2. Determining Who is Eligible to Apply

The Problem

• Access is strictly restricted: Being a close relative (such as a spouse or child) does not automatically guarantee access to private medical files.

What you can do

• Establish your legal status: Ensure you are either a Personal Representative (the Executor of the will or Administrator of the estate) or someone with a direct legal claim arising from the death.

• Limit your request: If applying via a legal claim, request only the specific parts of the record relevant to that claim.

3. Locating and Submitting to the GP Record Holder

The Problem

• GP files transfer after death: Once a patient passes away, their physical GP paper records are recalled from the surgery for storage. However, the GP surgery still holds the legal responsibility to process the initial request if they are still open.

What you can do & How to submit

• Apply to the last GP surgery: Submit a written request directly to the Practice Manager of the deceased’s last registered GP surgery. They are the legal “record holder” and must process the application if they still hold a local copy.

• Apply to PCSE for closed practices: If the GP surgery has permanently closed or merged, your application must go to Primary Care Support England (PCSE).

  • How to submit: Complete the online access form on the PCSE Portal or email your completed request and ID documents directly to the PCSE Access Team at [email protected].

4. Locating and Submitting to the Hospital Record Holder

The Problem

• Hospital files are separate: Hospital records are not kept by GP surgeries. If your relative had extensive hospital stays, you must target the specific NHS trust directly.

What you can do & How to submit

• Apply to the specific NHS Trust: You must submit a separate application to each individual hospital your relative attended.

  • How to submit: Search the specific hospital’s website for their “Information Governance” or “Health Records” department. Most trusts provide a downloadable “Access to Health Records Act” application form which you can submit via email or post alongside your certified ID and legal documents.

5. Knowing What to Expect: Timelines, Fees, and Redactions

The Problem

• Delays and missing text: Processing times can be slow, and returned files may contain redacted (blacked-out) sections.

What you can do

• Track the 40-day deadline: Under the AHRA, the record holder has 40 days to comply. Follow up with the Practice Manager or Trust IG lead if this window passes.

• Expect legal redactions: Be prepared for blacked-out sections that protect third-party privacy or prevent serious harm.

Useful Resources

• Your Rights to Your Medical Records: Understand how health records are handled and your legal rights to transparency under the NHS Constitution.

• Where Are My Records Kept?: A guide to how the NHS stores GP and hospital data, and how to track down missing clinical files.

• Primary Care Support England (PCSE) GP Records: The official service for locating and accessing GP medical records if a surgery has closed.