Requesting medical records created after 1990

To request medical records of a deceased service person created after 1990, you can apply in writing under the Access to Health Records Act (1990) (AHRA).

Under the terms of the AHRA, you will only be able to access the deceased service person’s medical records if you are:

• a personal representative (PR) (the executor or administrator of the deceased service person’s estate) - please see the PR section below for more details
• someone who has a claim resulting from the death (this could be a relative or another person) - please note that only information directly relevant to a claim will be disclosed

Requesting medical records created before 1990

To request medical records of a deceased service person created before 1990, you can apply in writing under the Freedom of Information Act 2000 (FOIA).

Under the terms of the FOIA, it is highly likely that Section 41 (information provided in confidence) will be engaged. This means the department can only release information held within a medical record to the PR of the deceased service person.

How to apply for medical records

Royal Navy

In writing:

By email: navystratpol-secfoigenealogy@mod.gov.uk

British Army

In writing:

By email: APC-Sp-ParlDiscl-Triage-Mailbox@mod.gov.uk

Royal Air Force

In writing:

By email: air-cospers-disclosures@mod.gov.ukAir-People-CM-Disclosures@mod.gov.uk

What to include in your request

You will need to provide as much information as possible to allow us to locate the deceased service person’s records and help us to make the necessary considerations.

Please provide the following details of the deceased service person:

• full name
• service number
• date of birth
• date of death
• service (Royal Navy, British Army, or Royal Air Force)
• copy of a death certificate or other legal declaration of death
• any other information you think would be relevant to your request, e.g. if you are interested in a specific element of the medical record

In the absence of a death certificate or other legal declaration of death, the MOD adopts a policy of assuming that a person is alive until the age of 116. You do not need a copy of the death certificate if the person died in service or was born more than 116 years ago.

Personal representative (PR)

A PR is the executor or administrator of the deceased service person’s estate. The PR is the only person(s) who has an unqualified right of access, including any surviving family members or Next of Kin.

Requesters (other than the PR) have a legal right of access only where they can establish a claim arising from a deceased service person’s death. You will need to provide evidence to support the claim in your application.

Submitting an application as a PR

You will need to provide confirmation that you are the PR with one of the following:

• Grant of Probate
• Letter of Administration
• Last Will and Testament

We will ask for proof of address, which can be a:

• bank, building society or credit card statement
• household utility bill
• (mobile) phone bill
• council tax bill

We accept the following documents as proof of identity:

• a copy of your current passport
• EU identity card
• UK or EU driving licence

Please note that a birth certificate is not a valid proof of identity.

Documents proving your identity should not have expired, and should display a photograph of your face.

Multiple executor consent

If you are named as joint executor in the deceased service person’s will, we will need to be satisfied that the other executor(s) are happy for you to request this information.

Please therefore provide a signed written statement from the other executor(s) giving you permission to receive the requested information. This must include their printed name and contact details.

If none of the above evidence can be provided, information related to deceased parties will be withheld from disclosure under section 41 of the FOI Act on the grounds that it would breach the confidentiality of the deceased parties.

What happens next

On receipt, our medical professionals will consider the following:

• if there is information held that the deceased would not have wished for disclosure or specifically requested non-disclosure
• whether any information could cause serious harm, distress or detriment to a third party’s mental or physical health
• whether any loss of privacy as a result of disclosure could impact upon the reputation of the deceased
• whether third party personal data can be disclosed

Other useful information

Information about deceased individuals is not covered by any right of access under the United Kingdom General Data Protection Regulations (UK GDPR) or the Data Protection Act (DPA) 2018, as personal data only relates to living individuals.

The Information Commissioner’s guidance includes guidance for AHRA, and covers records created after 1 November 1991: Information about the deceased.