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R v Mid-Glamorgan FHSA, ex parte Martin [1993] Times, 2 June.

The applicant was a 45 year old man who had experienced an unhappy and loveless childhood. He had suffered depression and/or psychological problems over a period of years since 1966. In 1969 he was diagnosed as suffering from catatonic schizophrenia, psychopathy and accelerated intellectual maturity. In 1966 he received psychotherapy from a consultant psychiatrist and a social worker, Miss B. He fell in love with Miss B, who was consequently withdrawn as an act of clinical judgment prompted by his relationship with her. Ever since 1966, the applicant had continued to seek a sight of records of his diagnosis and of the decision to withdraw Miss B. On 25 August 1969, he was detained at Whitchurch Hospital under the Mental Health Act 1959.

In this case, the question arose as to whether a patient had an unconditional right of access at common law to his medical records. The defendants contended that they had an absolute right to refuse access, especially if disclosure may prove detrimental to the patient's health. The court concluded that there is no automatic right of access at common law.

Court decision