Getting hold of data

[Bivvysenior]

My friend was recently interviewed with a psychiatrist's lasting approx 1hour ( No he is not a fruit cake)
Can he apply for the list of questions the psychiatrist asked and the psychiatrists interpretation of my friends responses. He has had a copy of the Final report (paid for by an ex employer)
He needs a copy of the psychiatrists original notes taken at the time. My friend considers that many of his conclusions are very subjective and assumes contributory facts to fit an outcome. He did not appear at all impartial .

He requested these notes from the Doctor who has refused to supply them on the grounds they could be missinterpeted .

Can he do this ? Is this a breach of data protection Act?
Can he ask for them to be released on any condition ?

My friend needs these notes for a future Employment tribunal hearing to support his argument

Any advise would be greatly appreciated

What are his right in getting hold of these notes

[buildersmate]

Unlikely under the Data Protection Act. This Act is principally for records held on computer though does cover some manually-held records held by medical agencies. One's rights under the Act relate to correcting the record if it contains factually inaccurate information or opinions that were based on originally inaccurate information.

[bednobs]

hi bivvy, which doctor dd your friend ask to see the notes? I can't really understand why the notes are being withheld - with a few exceptions everybody is entitled to see their medical notes. My advice would be as follows:

he should contact the local Patient advice and liaison service and ask for them to help him get the notes - they can advocate on his behalf and do all the legwork usually. Was it a mental health care trust? If so that trust will have its own pals service. If not, contact either the PCT pals service or the hospital pals service (depending on where he was seen) All of the above presumes it was an NHS consultation, rather than a private one.
i will warn you though, it is perfectly possible that the questions asked werent recorded in the notes, or that the summary was limited to say, a paragraph.

was it an nhs consultation?

[Bivvysenior]

Thanks for your reply bednobs.
This was a private cosultation paid for by my friends ex employers who had lost an employment tribunal for unfair dismissal .
This psychiatric assessment is probably part of their strategy during the "remedies" process after the tribunal hearing . My friend agreed to this interview on the ex employers insistance. This report has resulted in their offer of compensation being substantially reduced .
My Friend does not see this request as a process to regain any advantage on the size of award to be given by the Employment tribunal. He refuses to be gagged by any compromise agreement offerred if he settled outside the tribunal court.
He is driven by the unfairness of his ex employer and is determined to see the end outcome , so it does not also happen to his old working colleagues.
He represented himself a the tribunal .

[bednobs]

well i'm really sorry then, my answer does not apply. I would doubt that for a private service there would be any law covering seeing the notes, and i would imagine your frien will not be able to see them, especially if the service was employed by his employers

[Bivvysenior]

Tis a pity!
I was hoping that under the Data protection Act he might have had access. As it will be very difficult to offer alternative arguments without the employment of a favourable medical expert witness.
Many thanks Bednobs for your interest, much appreciated.

[bednobs]

i think the dpa means they have to handle you data in a certain way. The freedom of information act gives you certain rights to see infrmation but as far as i know only applies to public bodies (like government, nhs, councils)