The Access to Health Records Act 1990 amended 2018 allows certain individuals to request access to a deceased patient’s health records.

There is no automatic right of access to a deceased patient’s records by their next of kin and normally access will only be granted if you are one of the following:

  • The deceased patient’s personal representative – this will be the Executor of the Will or Administrator of the deceased person’s estate, or
  • Any individual, or their representative, who may have a claim arising out of the patient’s death. The applicant or their representative must specify what claim is being made, and only information that is relevant to the claim will be considered for release.

The record holder may, however, withhold any information which the Deceased has requested not to be shared or which might identify a third party.

We aim to respond to all access requests within 40 days in line with Access to Records Act.

It is possible to view the health record by arrangement with Legal Services or photocopies can be sent to you. Please state your preferred choice on the enclosed form.

Exemptions to the release of personal information:

There may be circumstances where certain information could be restricted. These include:

  • If it is considered that the patient would not have wished disclosure
  • If it is considered that certain information in the records, if released may cause serious harm to any individual
  • Where there is personal information about another person in the records.

Section 1 - Your name and address

Section 2 - Details of Deceased Patient

Section 3 - What information is requested?

Please provide a brief summary of the type of information you require - please note this will help to process the information required more efficiently.

Section 4 - Your relationship to the patient

I am the deceased patient’s personal representative – confirmation required. Please provide the following:

  • Copy of will where you are named as Executor, or
  • Grant of Probate, or
  • Letters of Administration

A copy of the death certificate is also required. If you have a claim arising from the patient’s death, please give details of the exact nature of the claim below:

Section 5 - Confirming your identity and address

Please do not send any original documents. You can send printed copies or electronic copies. We need to see:

➢ One document confirming your name, from Group A

➢ One document confirming the name of the person you are applying on behalf of, from Group A

➢ One document confirming your address, from Group B

➢ All documents needed to show that you have the authority to access the records, from Group C

A. Documents that confirm your name / name of the person you are applying on behalf of:

  • Full driving licence
  • Passport
  • Birth certificate
  • Marriage certificate
  • NHS Digital identity badge

B. Documents that confirm your address:

  • Utility bill
  • Bank statement
  • Credit card statement
  • Benefit book
  • Pension book

C. Documents that confirm you are allowed to act on behalf of the deceased person you are making the request for:

  • Grant of probate
  • Letters of Administration
  • Copy of death certificate is also required


Option 1 

I confirm that I am the deceased patient’s personal representative and have enclosed evidence of my status as Executor of the will or Administrator of the Estate together with two items of evidence that confirm my identity: (Proof of identity and evidence of being granted Power of the Executor of the Will or the Administrator of the deceased patient’s estate)

Option 2

I confirm that I have a claim arising out of the patient’s death and have enclosed 2 items of evidence that confirm my identity and documented evidence of my claim

I certify that the information given in this form is true. I understand that it may be necessary for Mid Cheshire Hospitals NHS Foundation Trust to confirm my identity and it may be necessary to obtain more detailed information in order to confirm my identity and/or locate the correct information.