The claimant was the child complainant in an allegation of sexual assault. The defendant requested her medical records, and she now complained that she had been unfairly pressured into releasing them.
Held: The confidentiality of a patient’s medical records belongs to the patient, and the duty of confidence owed by a medical professional to a competent young person is a high one which should not be overridden except for a very powerful reason. The Health Authority were not in a position to make the decision for the claimant. The claimant should have been given notice and opportunity to obtain advice and make representations.
Citations:
[2006] EWHC 1645 (Admin)
Links:
Statutes:
Criminal Procedure (Attendance of Witnesses) Act 1965, Criminal Procedure Rules 2005 28
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Maidstone Crown Court, ex Parte Harrow London Borough Council QBD 30-Apr-1999
The High Court may review, on an application made by a properly interested party, a decision made by a Crown Court under the Act. Although this related to a trial on indictment, the Crown Court judge had made an order without jurisdiction. . .
Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
Cited – Ashworth Security Hospital v MGN Limited HL 27-Jun-2002
Order for Journalist to Disclose Sources
The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – W v United Kingdom ECHR 1987
A local authority must, in reaching decisions on children in care, take account of the views and interests of the natural parents, which called for a degree of protection. In the context of care proceedings, public authorities may not be required to . .
Cited – G and others v Local Authority X; Re G (Care: Challenge to Local Authority’s Decision) FD 24-Mar-2003
‘procedural fairness is something mandated not merely by Article 6, but also by Article 8.’ . .
Cited – Z v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Information, Human Rights
Updated: 04 October 2022; Ref: scu.243047