Comments, Suggestions and Problems
If you are satisfied, disappointed, or have any suggestions on how we can improve our services, please tell us.
You can talk to the Practice Manager or Assistant Practice Manager, fill in a complaints form (available from reception) or discuss the matter with your Doctor. We have a formal complaints procedure.
Alternatively you can contact NHS England on 0300 311 22 33 or England.firstname.lastname@example.org
Should you wish to seek independent advice regarding complaining against any NHS service, please consider contacting POhWER or PALS (details below). These organisations offer a confidential and free service and can advise and assist you to voice your complaint in a constructive manner.
POhWER - NHS complaints advocacy service may be able to help support you. http://www.pohwer.net/
PALS 0800 028 3693
Newark and Sherwood CVS, 67 Northgate
Newark, NG24 1HD
The practice complies with Data Protection and Access to Medical Records legislation. Identifiable information about you will be shared with others in the following circumstances:
- To provide further medical treatment for you e.g. from district nurses and hospital services.
- To help you get other services e.g. from the social work department. This requires your consent.
- When we have a duty to others e.g. in child protection cases Anonymised patient information will also be used at local and national level to help the Health Board and Government plan services e.g. for diabetic care.
If you do not wish anonymous information about you to be used in such a way, please let us know.
Reception and administration staff require access to your medical records in order to do their jobs. These members of staff are bound by the same rules of confidentiality as the medical staff.
Patient confidentiality for teenagers
Consultations between a doctor and patient are confidential. The bottom line is, if you don't want your parents or anyone else to be involved, they don't have to be.
What's discussed during a consultation should go no further, unless you give permission for your doctor to inform someone else. That means the receptionist or practice nurse are also not allowed to divulge that you've been at the practice or what was said or found by the doctor.
You can insist that your doctor doesn't write anything down on paper or record anything on the computer, although it's usually a good idea as it helps the doctor later to have some sort of notes.
Occasionally, your doctor may encourage you to talk to your parents about your problem or ask for permission to contact them. This is because they feel it will help you. They may feel you don't fully understand the treatment you need, or believe that adult help is necessary.
If you definitely don't want your parents involved, you may be encouraged to talk to a grandparent, aunt or uncle, or older brother or sister, but the doctor cannot insist.
Many teenagers see their doctor for the contraceptive pill. If you're under 16 your doctor will only prescribe this - or any other medication - if they think you're mature enough to understand how to use it correctly, and you're aware of the implications and risks involved.
On very rare occasions (if it's felt to be in the best interest of the patient's health and safety) a doctor will breach confidentiality. However, this only happens in exceptional circumstances - for example, if a person with epilepsy is having fits and yet continues to drive.
How to handle your appointment
- Speak to your doctor honestly, it'll be easier for them to help you. Never be frightened to tell your doctor something, they won't announce it to the world and they won't judge you.
- Take a friend with you. This can give you confidence and sometimes it's easier for a friend to tell your doctor about what you want or what's on your mind.
- Write down what you want to ask and take notes about your doctor's advice.
- If you don't understand what your doctor's saying, ask them to explain it more clearly - they won't mind and are happy to help you understand things better.
- If you'd prefer to see either a male or female doctor, tell the receptionist when you make the appointment.
- You don't have to tell the receptionist why you want to see a GP.
Freedom of Information
The ICO has published a new Model Publication Scheme that all public authorities are required to adopt by 1st January 2009.
Model Publication Scheme - further information
2014 Publication scheme.doc
Access to Medical Records Policy
This practice is committed to protecting patients’ confidentiality whilst upholding their rights to access their medical records. All access requests by patients and their representatives will be:
· treated promptly (always within one calender month, but sooner if possible)
· verified to ensure that the person requesting access has the right to do so
· treated openly, with patients and their representatives being offered explanations of any information that they do not understand.
1. Access to medical records is allowed under the Data Protection Act 2018 and the GDPR 2016. The following people are entitled to access:
b. patients’ representatives, provided they have the patient’s consent or a court order
c. parents of a patient aged under 18 (16 in Scotland), although the patient’s consent will be requested if they have the capability to give it.
2. Access can take the form of:
a. viewing the record, and/or
b. receiving a permanent copy of the record or parts of the record.
3. The Practice Manager is the practice’s data controller. All requests for access should be addressed to the data controller.
When a request is received, the data controller will:
a. verify the identity of the requestor and verify their right to access
b. liaise with the patient’s healthcare team to plan the access
c. contact the patient to arrange a suitable time to access their records.
4. The practice is obliged to withhold certain types of information as follows:
a. information within the record that relates to an identifiable third party, unless the third party gives consent or is a health professional
b. information that would cause serious harm to the patient or another person
c. if a third party is seeking access with consent, information that the patient previously asked or expected not to be disclosed
d. information subject to legal professional privilege between a patient and their legal advisor
e. information restricted by a court, as it relates to current family and child court proceedings
f. information about a person being born as the result of fertility treatment
g. information prohibited by legislation concerning adoption reports and records, statements of a child’s special educational needs and parental order records and reports.
However, access will be given to the rest of the record.
5. If a patient wishes to view their medical record, the practice will ensure that a health professional is available to explain any terms that the patient does not understand. If a patient requests a copy of their medical record, the practice will provide an accompanying explanation of any terms that may not make sense to the patient.
6. If a patient disagrees with an opinion in the record or identifies an inaccuracy in the record, the record will be amended by noting the inaccuracy or disagreement alongside the original entry. The inaccuracy or opinion in question cannot be deleted as it may have a bearing on the medical history or future treatment.
7. Access to manual records of deceased patients which were made after 1 November 1991 is allowed under the Access to Health Records Act 1990. The records of deceased patients are generally held by PCSE and applications for access should be made to that organisation.
If the records are still held by the practice, access will be granted to people with a claim arising from the death of the patient in accordance with the Act.
Summary Care Record
There is a new Central NHS Computer System called the Summary Care Record (SCR). The Summary Care Record is meant to help emergency doctors and nurses help you when you contact them when the surgery is closed. Initially, it will contain just your medications and allergies.
Later on as the central NHS computer system develops, (known as the ‘Summary Care Record’ – SCR), other staff who work in the NHS will be able to access it along with information from hospitals, out of hours services, and specialists letters that may be added as well.
Your information will be extracted from practices such as ours and held on central NHS databases.
As with all new systems there are pros and cons to think about. When you speak to an emergency doctor you might overlook something that is important and if they have access to your medical record it might avoid mistakes or problems, although even then, you should be asked to give your consent each time a member of NHS Staff wishes to access your record, unless you are medically unable to do so.
On the other hand, you may have strong views about sharing your personal information and wish to keep your information at the level of this practice. Connecting for Health (CfH), the government agency responsible for the Summary Care Record have agreed with doctors’ leaders that new patients registering with this practice should be able to decide whether or not their information is uploaded to the Central NHS Computer System.
For existing patients it is different in that it is assumed that you want your record uploaded to the Central NHS Computer System unless you actively opt out.
For further information visit the Connecting for Health Website
If you choose to opt out of the scheme, then you will need to complete a form and bring it along to the surgery.
General Data Protection Regulation 2016
Practice Privacy notice
Barnby Gate Surgery (the Practice)
Data Protection Privacy Notice for Patients
This privacy notice lets you know what happens to any personal data that you give to us, or any that we may collect from or about you.
This privacy notice applies to personal information processed by or on behalf of the practice.
This Notice explains
- Who we are, how we use your information and our Data Protection Officer
- What kinds of personal information about you do we process?
- What are the legal grounds for our processing of your personal information (including when we share it with others)?
- What should you do if your personal information changes?
- For how long your personal information is retained by us?
- What are your rights under data protection laws?
The General Data Protection Regulation (GDPR) became law on 24th May 2016. This is a single EU-wide regulation on the protection of confidential and sensitive information. It enters into force in the UK on the 25th May 2018, repealing the Data Protection Act (1998).
For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (the "GDPR"), and the Data Protection Act 2018 (currently in Bill format before Parliament) the practice responsible for your personal data is Barnby Gate Surgery.
This Notice describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights
How we use your information and the law.
Barnby Gate Surgery will be what’s known as the ‘Controller’ of the personal data you provide to us.
We collect basic personal data about you which does not include any special types of information or location-based information. This does however include name, address, contact details such as email and mobile number etc.
We will also collect sensitive confidential data known as “special category personal data”, in the form of health information, religious belief (if required in a healthcare setting) ethnicity, and sex during the services we provide to you and or linked to your healthcare through other health providers or third parties.
Why do we need your information?
The health care professionals who provide you with care maintain records about your health and any treatment or care you have received previously (e.g. NHS Trust, GP Surgery, Walk-in clinic, etc.). These records help to provide you with the best possible healthcare.
NHS health records may be electronic, on paper or a mixture of both, and we use a combination of working practices and technology to ensure that your information is kept confidential and secure. Records which the Practice hold about you may include the following information;
- Details about you, such as your address, carer, legal representative, emergency contact details
- Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.
- Notes and reports about your health
- Details about your treatment and care
- Results of investigations such as laboratory tests, x-rays etc
- Relevant information from other health professionals, relatives or those who care for you
To ensure you receive the best possible care, your records are used to facilitate the care you receive. Information held about you may be used to help protect the health of the public and to help us manage the NHS. Information may be used within the GP practice for clinical audit to monitor the quality of the service provided.
How do we lawfully use your data?
We need to know your personal, sensitive and confidential data in order to provide you with Healthcare services as a General Practice, under the General Data Protection Regulation we will be lawfully using your information in accordance with: -
Article 6, e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;”
Article 9, (h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems
This Privacy Notice applies to the personal data of our patients and the data you have given us about your carers/family members.
Risk stratification data tools are increasingly being used in the NHS to help determine a person’s risk of suffering a condition, preventing an unplanned or (re)admission and identifying a need for preventive intervention. Information about you is collected from a number of sources including NHS Trusts and from this GP Practice. A risk score is then arrived at through an analysis of your de-identified information is only provided back to your GP as data controller in an identifiable form. Risk stratification enables your GP to focus on preventing ill health and not just the treatment of sickness. If necessary, your GP may be able to offer you additional services. Please note that you have the right to opt out of your data being used in this way.
The Practice may conduct Medicines Management Reviews of medications prescribed to its patients. This service performs a review of prescribed medications to ensure patients receive the most appropriate, up to date and cost-effective treatments.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
- Data Protection Act 2018
- The General Data Protection Regulations 2016
- Human Rights Act 1998
- Common Law Duty of Confidentiality
- Health and Social Care Act 2012
- NHS Codes of Confidentiality, Information Security and Records Management
- Information: To Share or Not to Share Review
Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential.
We will only ever use or pass on information about you if others involved in your care have a genuine need for it. We will not disclose your information to any third party without your permission unless there are exceptional circumstances (i.e. life or death situations), where the law requires information to be passed on and / or in accordance with the information sharing principle following Dame Fiona Caldicott’s information sharing review (Information to share or not to share) where “The duty to share information can be as important as the duty to protect patient confidentiality.” This means that health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by the Caldicott principles.
Our practice policy is to respect the privacy of our patients, their families and our staff and to maintain compliance with the General Data Protection Regulations (GDPR) and all UK specific Data Protection Requirements. Our policy is to ensure all personal data related to our patients will be protected.
All employees and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. The practice will, if required, sign a separate confidentiality agreement if the client deems it necessary. If a sub-contractor acts as a data processor for Barnby Gate Surgery an appropriate contract (art 24-28) will be established for the processing of your information.
In Certain circumstances you may have the right to withdraw your consent to the processing of data. Please contact the Data Protection Officer in writing if you wish to withdraw your consent. If some circumstances we may need to store your data after your consent has been withdrawn to comply with a legislative requirement.
Some of this information will be held centrally and used for statistical purposes. Where we do this, we take strict measures to ensure that individual patients cannot be identified. Sometimes your information may be requested to be used for research purposes – the surgery will always gain your consent before releasing the information for this purpose in an identifiable format. In some circumstances you can Opt-out of the surgery sharing any of your information for research purposes.
With your consent we would also like to use your information to
We would however like to use your name, contact details and email address to inform you of services that may benefit you, with your consent only. There may be occasions were authorised research facilities would like you to take part on innovations, research, improving services or identifying trends.
At any stage where we would like to use your data for anything other than the specified purposes and where there is no lawful requirement for us to share or process your data, we will ensure that you have the ability to consent and opt out prior to any data processing taking place.
This information is not shared with third parties or used for any marketing and you can unsubscribe at any time via phone, email or by informing the practice DPO as below.
Where do we store your information Electronically?
All the personal data we process is processed by our staff in the UK however for the purposes of IT hosting and maintenance this information may be located on servers within the European Union.
No 3rd parties have access to your personal data unless the law allows them to do so and appropriate safeguards have been put in place. We have a Data Protection regime in place to oversee the effective and secure processing of your personal and or special category (sensitive, confidential) data.
Who are our partner organisations?
We may also have to share your information, subject to strict agreements on how it will be used, with the following organisations;
- NHS Trusts / Foundation Trusts
- NHS Commissioning Support Units
- Independent Contractors such as dentists, opticians, pharmacists
- Private Sector Providers
- Voluntary Sector Providers
- Ambulance Trusts
- Clinical Commissioning Groups
- Social Care Services
- NHS England (NHSE) and NHS Digital (NHSD)
- Local Authorities
- Education Services
- Fire and Rescue Services
- Police & Judicial Services
- Voluntary Sector Providers
- Private Sector Providers
- Other ‘data processors’ which you will be informed of
You will be informed who your data will be shared with and in some cases asked for consent for this to happen when this is required.
We may also use external companies to process personal information, such as for archiving purposes. These companies are bound by contractual agreements to ensure information is kept confidential and secure. All employees and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. If a sub-contractor acts as a data processor for Barnby Gate Surgery an appropriate contract (art 24-28) will be established for the processing of your information.
How long will we store your information?
We are required under UK law to keep your information and data for the full retention periods as specified by the NHS Records management code of practice for health and social care and national archives requirements.
More information on records retention can be found online at (https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016)
How can you access, amend move the personal data that you have given to us?
Even if we already hold your personal data, you still have various rights in relation to it. To get in touch about these, please contact us. We will seek to deal with your request without undue delay, and in any event in accordance with the requirements of any applicable laws. Please note that we may keep a record of your communications to help us resolve any issues which you raise.
Right to object: If we are using your data because we deem it necessary for our legitimate interests to do so, and you do not agree, you have the right to object. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases). Generally, we will only disagree with you if certain limited conditions apply.
Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities (for example for a research project), or consent to market to you, you may withdraw your consent at any time.
Right to erasure: In certain situations (for example, where we have processed your data unlawfully), you have the right to request us to "erase" your personal data. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases) and will only disagree with you if certain limited conditions apply. If we do agree to your request, we will Delete your data but will generally assume that you would prefer us to keep a note of your name on our register of individuals who would prefer not to be contacted. That way, we will minimise the chances of you being contacted in the future where your data are collected in unconnected circumstances. If you would prefer us not to do this, you are free to say so.
Right of data portability: If you wish, you have the right to transfer your data from us to another data controller. We will help with this with a GP to GP data transfer and transfer of your hard copy notes
Access to your personal information
Data Subject Access Requests (DSAR): You have a right under the Data Protection legislation to request access to view or to obtain copies of what information the surgery holds about you and to have it amended should it be inaccurate. To request this, you need to do the following:
- Your request should be made to the Practice – for information from the hospital you should write direct to them
- There is no charge to have a copy of the information held about you
- We are required to respond to you within one month
- You will need to give adequate information (for example full name, address, date of birth, NHS number and details of your request) so that your identity can be verified, and your records located information we hold about you at any time.
What should you do if your personal information changes?
You should tell us so that we can update our records please contact the Practice Manager as soon as any of your details change, this is especially important for changes of address or contact details (such as your mobile phone number), the practice will from time to time ask you to confirm that the information we currently hold is accurate and up-to-date.
Objections / Complaints
Should you have any concerns about how your information is managed at the GP, please contact the GP Practice Manager or the Data Protection Officer as above. If you are still unhappy following a review by the GP practice, you have a right to lodge a complaint with a supervisory authority: You have a right to complain to the UK supervisory Authority as below.
Tel: 01625 545745
If you are happy for your data to be extracted and used for the purposes described in this privacy notice, then you do not need to do anything. If you have any concerns about how your data is shared, then please contact the Practice Data Protection Officer.
If you would like to know more about your rights in respect of the personal data we hold about you, please contact the Data Protection Officer as below.
Data Protection Officer:
The Practice Data Protection Officer is Paul Couldrey of PCIG Consulting Limited. Any queries in regard to Data Protection issues should be addressed to him at: -
Postal: PCIG Consulting Limited
7 Westacre Drive
It is important to point out that we may amend this Privacy Notice from time to time. If you are dissatisfied with any aspect of our Privacy Notice, please contact the Practice Data Protection Officer.