WHAT IS PROXY ACCESS?
Proxy Access is where someone is given access to another person’s online medical record, repeat prescriptions, appointments, and demographic data.
AGE GROUPS:
Proxy access in children under the age of 11
All children under the age of 11 are assumed to lack the capacity to consent to proxy access. Those with parental responsibility for the child can apply for proxy access to their children’s medical records. Additional identification of parental/guardian evidence will be required.
When the child reaches the age of 11, access to the parent/guardian will automatically cease. Subsequent proxy access will need to be authorised by the patient (subject to a competency test). In addition, parental proxy access may be reinstated if, after discussion with the parent(s) requesting access, the child’s GP believes that proxy access would be in the child’s best interest.
Proxy access in children above the age of 11 and under 13 years of age
Access to medical records will need to be assessed on a case-by-case basis. Some children aged 11 to 13 have the capacity and understanding required for decision-making with regards to access to their medical records and should therefore be consulted and have their confidence respected.
The responsible GP will invite the child for a confidential consultation to discuss the request for proxy access under the Data Protection Law.
The responsible GP will use their professional judgement in deciding whether to grant parental access and/or whether to withhold information.
If the Practice suspects coercive behaviour, access will be refused and documented in the medical notes.
Proxy access in adults (including those over 13 years) with capacity
Patients over the age 13 (under UK DPA 2018) are assumed to have mental capacity to consent to proxy access. Where a patient with capacity gives their consent, the application should be dealt with on the same basis as the patient.
Proxy access in adults (anyone over 16 years)
Upon reaching the age of 16, patients are deemed as adults in the eyes of the NHS. Explicit consent is required to provide any third party (including parents/guardians) access to a medical record.
Proxy access in adults (including those over 13 Years) without capacity
Proxy access without the consent of the patient may be granted in the following circumstances:
The patient has been assessed as lacking capacity to decide on granting proxy access and has registered the applicant as a lasting power of attorney for health and welfare with the Office of the Public Guardian.
The patient has been assessed as lacking capacity to decide on granting proxy access and the applicant is acting as a Court Appointed Deputy on behalf of the patient.
The patient has been assessed as lacking capacity to make a decision on granting proxy access and, in accordance with the Mental Capacity Act 2005 code of practice, the responsible clinician considers it in the patient’s best interests to grant access to the applicant.
When an adult patient has been assessed as lacking capacity and access is to be granted to a proxy acting in their best interests, it is the responsibility of the responsible clinician to ensure that the level of access enabled, or information provided is necessary for the performance of the applicant’s duties.
COVID PASSPORTS
All patients aged 16 or over can download the NHS app and generate a covid password (providing they have been vaccinated). They will get access to covid vaccine certificates and also recovery certificates which will appear ten days after a positive covid PCR test and remain valid until 180 days after the date of the test.
Patients without access to the NHS App need to call 119 to have a postal certificate issued.
13 to15-year-olds can sign up to the NHS app using their own e-mail address and as long as they pass validation with a passport, they will get access to covid vaccine certificates and also recovery certificates which will appear ten days after a positive covid PCR test and remain valid until 180 days after the date of the test.
They will be able to order repeat prescriptions, if they have any, but won't be able to have automatic access to the medical record.
For this, they will need to approach the Practice who will have to assess competence.
12-year-olds and older will be able to request vaccine certificates online via https://www.nhs.uk/conditions/coronavirus-covid-19/get-digital-covid-pass/ or ring to request them via 119.
Any certificate issued will be valid a month and if a longer duration is needed it must be requested again via 119.