Record requests and SARs

If you are:

  • a current/previous resident

  • a family member or friend

  • Power of Attorney/Deputy for a current/previous resident,

and wish to understand how to access a copy of a resident’s care records, please follow the below steps.

You will need to make your request to the Data Protection Team by email: dpo@barchester.com or via post to: Data Protection Team, Barchester Healthcare, 3rd Floor, The Aspect, 12 Finsbury Square, London EC2A 1AS.

To help us identify the resident and facilitate your request, please state the following (you may find it helpful to copy and paste the above bullet points into your email or copy them into your letter to the Data Protection Team):

  1. your name;

  2. the name of the resident;

  3. whether the resident is deceased;

  4. your relationship to the resident;

  5. which care home/hospital they reside/resided in;

  6. exactly which records for which timeframe you are seeking; and

  7. You will also need to supply the evidence referred to in the table below (“Evidence of entitlement”) depending on your particular circumstances.

Important notes

  1. If the resident is alive, a request for their records is known as a “Subject Access Request” (SAR), as set out in the UK General Data Protection Regulation 2018 (GDPR) and Data Protection Act 2018. If the resident has passed away, the request will be handled in accordance with the Access to Health Records Act 1990. Both requests have differing time-frames for release of documentation.

  2. Unfortunately not everybody is automatically entitled to a resident’s records, however Barchester will make an assessment of a requester’s lawful entitlement to the records and comply with the request if satisfied that the requester is lawfully entitled to copies of the records. Unfortunately, even if you are someone’s Next of Kin (either currently or when the resident was alive), this does not automatically entitle you to copies of s resident’s records.

  3. If a resident is living, the Data Protection Team will need to understand the resident’s capacity status (i.e. if they have capacity to make a request or understand that a request is being made on their behalf), and see documentation which confirms that the requesting party has lawful entitlement to make the request and receive the records. It is also likely that they will ask for forms of identification so they can verify a requester’s identity, which may involve engagement with a resident (either through staff in our homes or directly), and with third party requesters.

  4. If a resident dies whilst your request is being process, we will need to see evidence of entitlement that applies to deceased residents (see below table), to assure ourselves that you remain lawfully entitled to the documentation in question. This means that we might not be able to fulfil your original request.

  5. If a resident is living, and we (as applicable):

    • have reason to doubt that the resident’s/ex-resident’s consent is freely-given; and/or

    • have reason to believe that the resident/ex-resident lacks the capacity to make a direct request or authorise the disclosure of their records to a third party requester; and/or

    • cannot verify the identity of the resident/ex-resident upon request,

    then we reserve the right not to release the records and may seek further guidance from the Information Commissioner’s Office (ICO).

  6. Similarly if a resident is decease, and we (as applicable):

    • have reason to doubt the authenticity of the request or the supporting documentation for the request,

    then we reserve the right not to release the records and may seek further guidance from the Information Commissioner’s Office (ICO).

Table: Evidence of entitlement for details of what evidence you will need to supply.

Please see below for which documentation you will need to supply in order to obtain a resident’s records:

Resident status Capacity? Y or N Requester type Is the resident currently living at a Barchester Care Home/Hospital? Required evidential documents Legislation Timescales (apply from the date satisfactory evidence of entitlement supplied/Barchester is able to verify the authenticity of the request/identify of the requester) Exceptions
Living Y Resident Y Direct written request from the resident or the Home/Hospital’s Manager. UK GDPR 2018 and Data Protection Act 2018 One month from the date of the request (subject to satisfactory verification of the resident’s identity any lawfully permissible extension). Should we need to verify the resident’s identity, the timescale will start from the date we have assured ourselves as to the resident’s identity.
Living Y Resident N Direct written request from the resident or the Home/Hospital’s Manager.
We may also require photographic identification documentation for the requester in the form or either a current passport or driving licence (or any such documentation as Barchester may require from time to time).		 UK GDPR 2018 and Data Protection Act 2018 One month from the date of the request (subject to satisfactory verification of the resident’s identity any lawfully permissible extension). Should we need to verify the resident’s identity, the timescale will start from the date we have assured ourselves as to the resident’s identity.
Living Y Third party Y Written authorisation from the resident to the sharing of their records (or such other form of confirmation as we deem appropriate should the resident be unable to provide their consent in writing). It is likely that we will also need to speak directly to the resident by telephone to verify their request.
We will also require photographic identification documentation for the third party requester in the form or either a current passport or driving licence (or any such documentation as Barchester may require from time to time).		 UK GDPR 2018 and Data Protection Act 2018 One month from the date of the request (subject to satisfactory verification that the resident permits the sharing of their records with the third party, and subject to any lawfully permissible extension). If the resident does not consent to the sharing of their records with you, regrettably, we will not be able to fulfil your request.
Living Y Third party N Written authorisation from the resident to the sharing of their records (or such other form of confirmation as we deem appropriate should the resident be unable to provide their consent in writing). It is likely that we will also need to speak directly to the resident by telephone to verify their request.
We will also require photographic identification documentation for the third party requester in the form or either a current passport or driving licence (or any such documentation as Barchester may require from time to time).		 UK GDPR 2018 and Data Protection Act 2018 One month from the date of the request (subject to satisfactory verification that the resident permits the sharing of their records with the third party, and subject to any lawfully permissible extension). If the resident does not consent to the sharing of their records with you, regrettably, we will not be able to fulfil your request.
Living N Third party Y 1. A copy of a Lasting Power of Attorney for health and welfare in respect of the resident or Court of Protection appointed Deputyship as to the same, which names the third party as the resident’s/ex-resident’s lawful representative; and
2. In order to verify the identity of the third party requester, an identification document for the third party requester in the form of a current passport or a UK driving licence (or such other identification document that Barchester may from time to time require).		 UK GDPR 2018 and Data Protection Act 2018 One month from the date of the request (subject to satisfactory receipt of the documentation described in the left- hand column and subject to any lawfully permissible extension). If we become aware that the Power of Attorney/Deputyship has been revoked or is in the process of being revoked/challenged, we may not be able to release the records to you.
Living N Third party N 1. A copy of a Lasting Power of Attorney for health and welfare in respect of the resident or Court of Protection appointed Deputyship as to the same, which names the third party as the resident’s/ex-resident’s lawful representative; and
2. In order to verify the identity of the third party requester, an identification document for the third party requester in the form of a current passport or a UK driving licence (or such other identification document that Barchester may from time to time require).		 UK GDPR 2018 and Data Protection Act 2018 One month from the date of the request (subject to satisfactory receipt of the documentation described in the left- hand column and subject to any lawfully permissible extension). If we become aware that the Power of Attorney/Deputyship has been revoked or is in the process of being revoked/challenged, we may not be able to release the records to you.
Deceased N/A Third party N/A You will need to provide one of the following documents set out at points 1 – 3 AND one of the documents referred to at point 4.
1. Grant of Probate in respect of the resident’s Estate, naming the third party requester as the Administrator of the Estate; or
2. a copy of: (a) the resident’s will, in which the third party requester is named as an Executor; and (b) an accompanying solicitor's letter confirming that the will provided is the last known will and testament of the resident (please note, a certified copy of the will, will not suffice. This is because a certified copy simply confirms that the person certifying the document has seen an original copy of the will – it does not confirm that the original copy of the will they have seen is the last will and testament of the deceased and to that end); or
3. if the resident passed away intestate (without leaving a will), a Grant of Letters of Administration, naming the third party requester as the Administrator of the Estate.
AND
4. photographic identification documentation for the third party requester in the form or either a current passport or driving licence (or any such documentation as Barchester may require from time to time).		 Access to Health Records Act 1990 1. within 21 days where the records have been added to within the last 40 days; or
2. within 40 days where the records have not been added to within the last 40 days.
Example 1: Resident X dies on 1st January (and the last entry will therefore have been added to their records on this date). Barchester receives a request for Resident X’s records on 10th January and satisfactory evidence of entitlement to Resident X’s records is received on 20th January. Because 20th January falls within 40 days of the date that Resident X’s records were last added to, Barchester would release the records within 21 days of the date satisfactory evidence entitlement was received i.e. on or before 10th February.
Example 2: Resident X dies on 1st January (and the last entry will therefore have been added to their records on this date). Barchester receives a request for Resident X’s records on 10th January, but satisfactory evidence of entitlement to Resident X’s records is only received on 11th February. Because 11th February is over 40 days from the date Resident X died (i.e. day 41) and is therefore over 40 days from the date Resident X’s records were last added to, Barchester would release the records within 40 days of the date satisfactory evidence entitlement was received i.e. on or before 23rd March.