Court rules on health records access

In the case of Siobhan Tiffany Tubb & Anor v Rosmellyn Surgery, the County Court at Truro addressed the eligibility of two daughters seeking access to their deceased mother’s, Sheila Patricia Mary Esdale, health records. The claimants were invoking section 3(1)(f) of the Access to Health Records Act 1990 (AHRA 1990), which entitles certain individuals to request access following a patient’s death. District Judge Field delivered the ruling on 19 May 2025, focusing on whether the daughters qualified for this access given their involvement in potential probate claims regarding different wills of the deceased.

Sheila Esdale passed away on 2 November 2023, and at the time of the court's decision, probate had not yet been granted. The claimants were scrutinising the validity of various wills, particularly a 2023 will that favoured one daughter and created friction among the siblings. This case emerged amid family disputes questioning testamentary capacity and undue influence over the deceased’s decisions regarding her estate.

Initially, Rosmellyn Surgery, the defendant, denied the request for the medical records, asserting that the claim for probate did not constitute a “claim arising out of the patient’s death”. They interpreted the provision narrowly, suggesting access should only be available to legally recognised representatives, thereby aiming to prevent further familial disputes. However, the claimants argued their right to the records was justified to substantiate their claims concerning their mother’s capacity to create her last will, asserting that medical records were essential for contesting the 2023 will's validity.

The court’s considerations also included past decisions, notably Re AB (Disclosure of Medical Records), where the High Court held that a personal representative could access health records without needing to provide evidence of a claim directly linked to the patient's death. This precedent significantly influenced how the court viewed the current case.

In delivering the judgment, District Judge Field confirmed the importance of the claimants' relationship to the deceased in establishing their entitlement to medical records. It was concluded that the daughters had a viable claim arising from their mother's death, thus granting them access to the necessary health documents.

The court ordered Rosmellyn Surgery to provide copies of the deceased's health records under the AHRA 1990, highlighting the intricate balance between patient privacy, probate law, and access rights in disputes following a family member's death. As similar disputes arise, this case could serve as a vital reference point, enhancing our understanding of the legal implications surrounding access to health records amid estate controversies.