High Court tightens rule on confidentiality

A High Court ruling has strengthened patients' rights to confidentiality when medical notes are sought in connection with criminal cases.

Decisions about breaching medical confidentiality should only be taken if the patient is told about the application and given a chance to have a say in court.  

A briefing document from London-based solicitors Mills and Reeve followed the case of R v Stafford Crown Court. 

It concerned a judge’s ruling that notes on a 13-year-old sexual abuse victim’s mental health treatment should be disclosed to her abuser, who was being prosecuted in the Crown Court.  

The briefing note dated July 2006 said the High Court ruled that maintaining medical confidentiality was a core legal right under Article 8 of the European Convention on Human Rights.  

It concluded that the disclosure order should not have been made without the girl having a say on the matter and gave general guidance on the balance between a criminal defendant’s right to fair trial and a patient’s right to confidentiality.  

The ruling means primary care organisations served with applications for disclosure of medical notes need to be more careful.  

Advice includes scrutinising waivers provided by the witnesses to police.  

The Mills and Reeve briefing note also advises that, except in extreme cases, PCTs should never leave matters to the prosecution or defence legal teams but should be independently represented at court. 

Have you registered with us yet?

Register now to enjoy more articles and free email bulletins


Already registered?

Sign in

Follow Us:

Just published

Medical examiners to scrutinise deaths in community settings

The MDU's Dr Kathryn Leask explains how the expansion of the medical examiner system...

Person receiving a COVID-19 booster

COVID-19 booster campaign to start on 5 September, NHS England says

The COVID-19 booster programme will begin in care homes and for housebound patients...

GP consulting room

Nine in ten GPs fear their practice will struggle to cope this winter

Nearly nine in ten GPs fear that their practice will struggle to cope this winter,...

BMA sign

BMA elects new deputy chair of England GP committee and chair of Scottish council

Dr David Wrigley has been elected as new deputy chair of the BMA's GP committee in...

UK money

Almost half of practices say income from private fees has fallen in past year

Almost half of GP practices have seen their income from private and professional...

COVID-19 vaccination centre

BMA raises 'serious concerns' about GP workload and funding for autumn COVID boosters

The BMA has raised 'serious concerns' about the workload implications of this autumn's...