Henry Joseph DONOVAN (1907- )

Extract from email from Surrey County Council

====================================

 

Our ref: Surrey Heritage/HFK/2466/16

SCC ref: 15068

 

12 August 2016

 

Dear Mr. Thornton

 

LONG GROVE HOSPITAL, EPSOM, PATIENT RECORDS: HENRY JOSEPH DONOVAN

 

Thank you for your e-mail of 10 August requesting access to the hospital records of Henry Joseph Donovan.

 

We hold a number of records relating to this and other mental hospitals within the county, although what has survived for any single hospital varies greatly in completeness and coverage. I attach a leaflet providing further information about these collections. As you will appreciate, access to these deeply personal records has to be closely controlled, so please read the following carefully.

 

Health Trust records are Public Records under section 5(4) of the Public Records Act (1958) and are subject to the Freedom of Information Act (2000). Because of the nature of these records and the sensitive, sometimes distressing, personal information that they may contain, it is necessary to place strict access controls on any records that name patients for 100 years after the last date in the record. Hospital staff records are similarly restricted for 75 years. Information relating to individuals within records which are less than 100 years old is only released under the Freedom of Information Act 2000 if no valid exemption applies to prevent disclosure.

 

In order for us to determine what restrictions should apply it will be necessary for you to provide us with evidence of the death of Henry Joseph Donovan. To do this you will need to obtain a death certificate ,if you have not already done so, from the General Register Office, PO Box 2, Southport, Merseyside PR8 2JD, England, Tel: 0845 603 778. Email: certificate.services@ips.gsi.gov.uk or visit their website at www.gro.gov.uk.

 

 

Section 41 of the Freedom of Information Act exempts from disclosure information given in confidence that might lead to a personal representative of the deceased bringing a legal action for breach of confidence. Hospital case records clearly include much information provided in confidence and it has been confirmed by the Information Tribunal that the duty of confidence continues after the death of the patient. If the death in question was over 10 years ago but less than 50 years ago, we will generally be able to release some information about the patient's admission to and discharge from the hospital but will not release any sensitive medical information except to the personal representative or with the personal representative's written consent. If the person died over 50 years ago we may be able to release more information relating to their medical history, although some information, especially if particularly sensitive or relating to people other than the patient, may still be exempted from disclosure. We will negotiate with the relevant health authority about what can be released in these cases. We will release no information relating to patients who died less than 10 years ago except to the personal representative.

 

If you are the personal representative of the deceased (usually the administrator of their estate or executor of their will), or have the consent of that representative, we will consider whether to release more sensitive information, but will need documentary proof of your status: please send us a copy of the last will of Henry Joseph Donovan and grant of probate or grant of administration of their estate and, if you are not the personal representative, a letter of consent from that person. If you are unable to provide this documentation, the amount of information we will be able to provide to you will be limited.

 

In addition, all requests for information relating to a patient who died over 10 years ago will need to be referred to our paid research service, to ascertain whether or not we hold the particular information you are seeking. This fee is set at 1 hour’s research (currently £36.00). If you wish us to proceed with your request, please complete the attached form, together with a cheque made payable to Surrey County Council and whatever of the documentation mentioned above you are able to provide. As we will have to take advice from the health authority responsible for the deposit of the records with us, it could be up to 30 working days from the date we receive your form and payment before you receive a response. Please note that the above fee is payable even if the subsequent search is unsuccessful. If information survives in a case book or case file, and permission for access is given, we may need to charge you a further fee for supplying a photocopy or digital copy if you are unable to visit us to consult the record for yourself.

 

I apologise if the above procedures appear overly-bureaucratic but we have to apply these measures in order that we conform with guidelines issued under the Freedom of Information Act 2000 and the Data Protection Act 1998. You will appreciate that these controls are in place in order to prevent sensitive information provided in confidence being released.

 

This enquiry has been answered in accordance with the requirements of the Freedom of Information Act (2000), Data Protection Act (1998) and the Environmental Information Regulations.

 

Yours sincerely

Helen F. Keen

for Public Services and Engagement Manager