Hi Tracy

I feel like I'm sticking my neck out here and legal advice would be good but I 
agree with Matt in that a court order needs to be complied with.  My advice 
would be: 
1) Ask to see the court order and see what it is actually asking for.
2) Take three copies of it. 
3) Place one copy in the actual notes. 
4) Release from the notes a copy of what is specifically being asked for - not 
the original documents - and include a copy of the order. 
5) Take another copy of the notes as you are bound to be asked for this by the 
other side (with consent of course) and include a copy of the order with this. 
6) Contact the person to whom the notes relate and inform him/her of your 
actions and that you are releasing under a court order. 

I'm happy to be corrected on this but I think this is more about how you release 
the notes, not whether you release them. 

Lindsey


Lindsey Hall
Director and Independent Occupational Health Adviser
Split Dimension Ltd
Phone: 01454 852715
Fax: 01454 740045
Mobile: 07771 596111
Web: www.splitdimension.co.uk 
Twitter: https://twitter.com/splitdimension
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-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of 
Tracy Turner
Sent: 16 November 2012 12:42
To: [log in to unmask]
Subject: [OCC-HEALTH] Release of OH notes

Good Morning
The company I work for has a court order to release some records for an 
employer. In the list of things required is a surgical report and occupational 
health surveilance records. I have been asked by H&S and HR to collate all the 
OH notes and put in a sealed envelope for them to submit. I have declined so far 
as I do not feel that I have been given consent to release all the OH 
information or ordered to do so by the Court. Surley the surgical report is with 
the surgeon and also the records are with the busienss indicating that the 
person is fit following health surveilance.Am I wrong?? I have contact NMC but 
they say they do not give advice anymore. Thanks for your comments as always. 

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