1 Feb 2008, 09:00

A man's 14-year-old son suffered from a life-threatening psychological condition and was hospitalised. His parents had separated, but both had been involved in his care. Differences of opinion arose between the boy's father and doctors at the district health board about the treatment the boy was receiving, and the father's level of involvement in that treatment.

The boy's father requested access to all the information that the DHB held about his son. The DHB provided most of the information, but withheld some information from him on the basis that the disclosure would be contrary to the son’s interests.

Parents' rights of access

Section 22F of the Health Act 1956 provides a right of access to health information by an individual''s 'representative'. Section 22B of the Health Act defines the term 'representative'. According to that section, where a child is under 16, a parent or guardian is their representative.

The father was therefore his son's representative here.

An agency is allowed to refuse a representative's request in some circumstances. Those circumstances are specified in section 22F of the Health Act, and in rule 11(4)(b) of the Health Information Privacy Code. Rule 11(4)(b) states that an agency may refuse the request if:
(i) the disclosure of the information would be contrary to the individual’s interests;
(ii) the agency has reasonable grounds for believing that the individual does not or would not wish the information to be disclosed; or
(iii) there would be good grounds for withholding the information under Part 4 of the Privacy Act if the request had been made by the individual concerned.

Contrary to the child's interests

The DHB refused access to some of the information on the basis that disclosure would be contrary to the son's interests. I considered it important that the agency demonstrates that it made the decision about the child's interests carefully, after considering the available medical evidence, and with due regard to the important rights of access that the parent has, as the child's representative.

Here, I was satisfied that the DHB had balanced the father's rights with the need to withhold certain information. The DHB gave the father most of the information it held about the son, and also involved him in meetings, provided summaries and updates and so on. It kept the minimum amount of information back on medical grounds. The son's doctors made a careful decision that giving the father the remaining information would be contrary to the son's interests. The reason was because it could actively harm the son's recovery for the father to have complete access. It would have been inappropriate for me to substitute a non-medical view for this properly considered medical opinion.

I informed the father that in my view the DHB was entitled to withhold the remaining information. I then closed the file.

March 2008

Access to health information – “representative” – parent’s rights of access – contrary to child’s interests – releasing remaining information would hinder recovery - Health Act 1956, sections 22B, 22F; Health Information Privacy Code, rule 11(4)(b)(i)