Not quite around the Coroners issue you have, but I found
Simon
Not quite around the Coroners issue you have, but I found this in my
"information library" from the TNA, if may or may not be useful.
I have sent it to the list in case anyone is interested.
Trish Bailey MSc
Information Governance
-----Original Message-----
From: Discussion of the implications of FoI for FE and HE institutions
[mailto:[log in to unmask]] On Behalf Of Kevin Mulley
Sent: 28 March 2008 16:36
To: [log in to unmask]
Subject: Section 44
John
Access to Health Records Act now applies only to the records of deceased
patients from 1991 onwards: however, note that it simply gives
additional
statutory access rights to certain categories of people, rather than
acting
as a prohibition on access. It was framed before FOIA, when health
bodies
could withold any information if they felt so inclined, so a statutory
override was felt to be necessary.
You can, however, use it in conjunction with the s.21 exemption
(information reasonably accessible by other means) if you wish to grant
access to those categories of people in accordance with AHRA rather than
FOIA. In theory, of course, FOIA is applicant blind, but in practice,
the
Commissioner has accepted this course of action in various cases.
If the person applying does not fall within those categories, you would
have to fall back on s.41, with one or two exceptions (eg if the
information relates to STD's or abortions, where there are specific
statutory prohibitions which could be used in conjunction with s.44).
The
Commissioner has generally supported the use of s.41 in this context,
although it may be difficult to use it to refuse access to information
which is not of a particularly confidential nature or after a
substantial
elapse of time.
Kevin Mulley
Archives Adviser
National Advisory Services
The National Archives
Kew
Richmond
Surrey TW9 4DU
Tel +44 (0)20 8392 2635
Fax +44 (0)20 8392 1970
Websites: <http://www.nationalarchives.gov.uk>
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