Guidance on requesting information:

Cheshire and Wirral Partnership NHS Foundation Trust (CWP) is committed to being open and transparent about how we use your personal information. Under the UK General Data Protection Regulation (UK GDPR), you have the right, subject to certain exemptions, to either view or access a copy of the records we hold about you. This is called a “Subject Access Request” (SAR).

We aim to provide all the information you've asked for. However, in some cases, we may need to withhold certain details—for example, to protect the identity of a third party.

Your request will be handled by our Subject Access Team. Other departments within the Trust may also be contacted to gather the relevant information.

Patients and service users should be advised that the Trust are committed to making our publications as accessible as possible. If a patient or service user needs this document in an alternative format, please speak to a member of CWP staff or email cwp.info@nhs.net

If you require any further information or would like to request a physical copy of this application form, please contact us by: Telephone: 0151 488 7305 or Email: cwp.subjectaccessrequests@nhs.net.

CWP are only able to give you access to the records that we hold, and to explain any part of the record which you do not understand. However, if the health or social care professional who has been providing care believes that seeing the record may cause physical or mental risk, you may only be shown part of the record, or your request may be declined. Access may also be declined to parts of the records where someone other than the health or social care professional has added information and could be identified from the records. 

A copy of the requested information will be provided free of charge. However, the Trust can charge a ‘reasonable fee’ when a request is manifestly unfounded or excessive, particularly if it is repetitive. The Trust may also charge a reasonable fee to comply with requests for further copies of the same information. The fee would be based on the administrative cost of providing the information.

In certain cases, you may apply for access to someone else’s records. This includes:

  • Parents/carers of children under 16: You can apply if you have parental responsibility, though we may seek the child’s views depending on the circumstances. Proof of parental responsibility is also required when applying.
  • Authorised representatives: A patient with capacity may give permission for someone else to apply. If the patient lacks capacity, the decision to share information rests with the reviewing professional. Consent from the patient is required when applying.
  • Legal authority: If you hold a Lasting Power of Attorney (health and welfare) or have been appointed by the Court of Protection, and the patient lacks capacity, you may be granted limited access.

Confidentiality still applies after death. Under the Access to Health Records Act 1990, only the Personal Representative (Executor or someone with probate), or someone with a claim related to the death is legally entitled to request records. Proof must be included, such as a will, probate documents, solicitor’s letter, or medical evidence.

In other cases, voluntary disclosure may be considered if a valid reason is provided. A supporting statement must be included with the application.  

If you consider that there are mistakes or inaccuracies in the record you can ask for a note to be made in the records stating your opinion.  If the practitioner agrees that the information is inaccurate, he / she should make the correction. 

Care must be taken not to simply obliterate/delete information which may have significance for your future care and treatment, or for litigation purposes.  If you do not agree, a note recording why you consider the information to be inaccurate must be made in the relevant part of the record. 

Consideration will also be given to whether it is appropriate to note any associated records, for example, a letter which has been sent to your GP.  A copy of any correction or note should be supplied to you. 

If you feel that you have not been fairly treated or that your application has not been dealt with appropriately, you can contact the Trust’s Data Protection Officer at cwp.informationgovernance@nhs.net or raise a concern or complaint with the Trust by post, email, or telephone:

  • FREEPOST RRBA UEGB AZJA
  • Patient Advice and Complaints Services
  • Cheshire and Wirral Partnership NHS Foundation Trust
  • Redesmere
  • Countess of Chester Health Park
  • Liverpool Road
  • Chester CH2 1BQ
  • E-Mail: cwp.pacs@nhs.net
  • Freephone: 0800 195 4462

If you are still unhappy with the outcome of your enquiry you can write to: 

  • Information Commissioner's Office
  • Wycliffe House
  • Water Lane
  • Wilmslow
  • Cheshire

SK9 5AF

Telephone: 0303 123 1113 or 01625 545

Subject Access Request Form

Required

Section 1: Patient details

Required
Required
Required
Required

Section 2: If applying on behalf of someone else please provide your details or organisation details

Section 3: Information sought

Please specify the personal data you are requesting that is held by this NHS Trust. To help us locate the relevant information, please provide as much detail as possible—such as dates of treatment or discharge, names of services or departments involved (e.g., CAMHS, Psychology, CMHT), and any hospital sites visited. Requests should relate only to data held by this Trust and no other NHS organisations.

Required

Section 4: Proof of Entitlement

To process your request, you must provide valid proof of entitlement. If you are requesting your own personal data, please include a copy of a valid form of identification, such as a passport, driving licence or utility bill. If you are acting on behalf of someone else, you must provide a signed consent form from the individual. If you belong to the police force, patient consent must be provided unless stated otherwise in your Data Protection Act request form.

Parents requesting data on behalf of their child must provide proof of parental responsibility. If the child is aged 13 or older, Gillick competency will be applied to assess whether the child can make their own decisions regarding access to their personal data. For requests concerning a deceased individual, please supply appropriate documentation confirming your authority to act, such as a grant of probate or evidence that you are the executor of the will. All documents must clearly show your name and relationship to the data subject where applicable.

Required

Section 5: Declaration

I declare that the information given in this form is correct to the best of my knowledge and that I am entitled to apply for access to the records referred to under the terms of the UK General Data Protection Regulation, Access to Health Records Act 1990 or the Mental Capacity Act 2005.

Required
Privacy policy Required