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1684636

registered interest
date	23/01/2024
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Medical Records: Children
house id	2
legislature	25277 pref label House of Lords
question text	To ask His Majesty's Government what assessment they have made of the statement on the NHS webpage 'Can I access someone else's medical records (health records)?' that "children aged 12 or older are usually considered to have the capacity to give or refuse consent to parents requesting access to their health records, unless there is a reason to suggest otherwise".
tabling member printed	Lord Lucas
uin	HL1865
answer	answer is ministerial correction date of answer 30/01/2024 answer text <p>The Department and NHS England work closely together, in conjunction with a range of stakeholders across the sector, to make sure the National Health Service's position is right for children.</p><p>For children aged under 11 years old, parents are presumed to be exercising a child's right to access their records, where the child lacks capacity to exercise it on their own behalf. Children aged 11 years or older are usually considered to have the capacity to give or refuse consent to parents requesting access to their health records, unless there is a good reason to suggest otherwise.</p><p>Whilst reasonable efforts should be made to encourage the child to involve parents or guardians, children have the same rights of access and information as adults do. If a child has the capacity to give or withhold consent to the release of their health record information, health professionals should generally respect their wishes. General practice surgeries should have processes in place for determining on a case-by-case basis whether a child is competent to make this decision.</p> answering member printed Lord Markham question first answered 30/01/2024 11:24:13 answering member 4948 label Biography information for Lord Markham
tabling member	1879 label Biography information for Lord Lucas

1642849

registered interest
date	07/06/2023
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: LGBT+ People
house id	2
legislature	25277 pref label House of Lords
question text	To ask His Majesty's Government what assessment they have made of the article by the NHS Confederation Leading for all: supporting trans and non-binary healthcare staff, published in June; and what status that guidance has within the NHS.
tabling member printed	Lord Lucas
uin	HL8299
answer	answer is ministerial correction date of answer 27/06/2023 answer text <p>No specific assessment has been made. The guidance has not been issued by NHS England and it does not need to be followed by individual trusts. Whilst it is important we support staff working in the National Health Service, we also need to ensure that patients’ privacy and dignity is respected.</p> answering member printed Lord Markham question first answered 27/06/2023 11:47:00 answering member 4948 label Biography information for Lord Markham
tabling member	1879 label Biography information for Lord Lucas

1642410

registered interest
date	06/06/2023
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Medical Records: Children
house id	2
legislature	25277 pref label House of Lords
question text	To ask His Majesty's Government whether, in light of the guidance on the NHS website under "Using linked profiles to access services for someone else", they are of the opinion that an 11-year-old child is able in all instances to deny their parents access to their medical records; and, if not, (1) what tests they expect a GP to apply in determining what information to withhold from parents, (2) whether this includes a test of Gillick competence, and (3) why these tests are not specified in the above notice so as to ensure that the process is transparent.
tabling member printed	Lord Lucas
uin	HL8247
answer	answer is ministerial correction date of answer 12/06/2023 answer text <p>The guidance states that when a child is aged between 11 and 16, they may be able to deny their parents proxy access to their online if the GP surgery agrees that is appropriate, and it is not intended that in all instances that would be appropriate. A GP surgery should have processes in place for determining whether a child aged between 11 and 16 years is competent to make this decision.</p><p>Specific tests are not described in the above guidance as each case must be considered individually with the interests of the child being paramount. There are no set questions to assess Gillick competency, but the professional bodies have guidance on this and the Frazer Guidelines.</p> answering member printed Lord Markham question first answered 12/06/2023 12:26:27 answering member 4948 label Biography information for Lord Markham
tabling member	1879 label Biography information for Lord Lucas