By Susie Boniface.
In light of the recent FOI win on the medical records, I've been asked to let people know how they can apply for the same.
So there were orders for all those at Maralinga, and a large part of those at Christmas Island, to have blood or urine tests. These orders cover all three services, during most of the years of the tests. Many veterans have found their military medical records are now missing these records. Some appear to be held at the Atomic Weapons Establishment. The main military medical record is held by the employer, ie RAG, navy or army.
If a veteran is alive, he has a right to his own personal records and they should be provided in full under the Data Protection Act. If he has died, that right passes to his widow. If she has died, then her executor - usually a child - has the right on behalf of her estate to see dad's medical records or other data.
To prove it you will need any death or marriage certificates, and if necessary a proof of executorship which is either grant of probate or the will. You have a right under data protection to this information, but while this works for living veterans, the MoD is currently denying it to most families on the grounds of patient confidentiality.
The new finding is that a child can ask under Freedom of Information. This means they need the approval of the executor of the estate, which in practice usually means they just need to promise they won't sue for breaching patient confidentiality. It also means whatever is published will, in effect, be public.
I suggest writing a letter along these lines:
"Dear XX, I write as executor of the estate of XXX, wife of the late XXX, to request on behalf of both estates that you supply me with copies of
If writing to the MoD archives, add here: his complete medical record.
If writing to AWE, add here: all information relating to my father.
I expect this will include, but not be limited to, blood and urine tests, radiation doses, and internal reports relating to his service at XXX in 19XX as part of the UK atomic weapons testing programme.
enclose herewith a copy of all relevant documentation to prove the chain of executorship now lies with me. I also remind you of the judge's findings in a recent Freedom of Information case, reference EA-2023-0231
(https://caselaw.nationalarchives.gov.uk/ukftt/grc/2024/153) in which a judge ruled it was unlawful for the MoD or any of its agencies to withhold such information on the grounds of patient confidentiality. In line with that finding, as executor I hereby formally waive any right to sue your organisation for such breach of confidence, and fully approve on behalf of the estate that you supply the required information to me, either as a Data Protection Act request or Freedom of Information request, which I understand may involve publication to the wider world."
For the MoD archives, to which you will be requesting the full medical record, send it to:
MOD Information Rights Team Ground floor, zone D Main Building Whitehall London SW1A 2HB.
For a faster response, probably best to email as well: cio-dpa@mod.uk
and to: Defence Medical Services, Headquarters Surgeon General, Coltman House, Whittington Barracks, Lichfield, Staffordshire, WS14 9PY
Also: The Central Health Records Library Room 24 Sentinel House (Building B1) MOD Shoeburyness Southend-on-Sea Essex, SS3 9SR
Army: Secretariat Disclosure 3 (Medical)
Mail Point 525
Army Personnel Centre
Kentigern House
65 Brown Street
Glasgow
G2 8EX
RAF: ACOS (Manning)
RAF Disclosures
Room 14
Trenchard Hall
RAF Cranwell
Sleaford
Lincs NG34 8HB
Navy: RN Service Leavers
Institute of Naval Medicine
Crescent Road
Alverstoke
Gosport
Hampshire
PO12 2DL
For the AWE, to which you will be requesting data from the nuclear tests specifically, email it to information.requests@awe.co.uk
ALL information you get from this, even if it's a refusal, adds to the legal case. Please if you have not done so already sign up by emailing enquiries@mccue-law.com and tell them I sent you. You and everyone in your family has an individual claim, regardless of injury or what if anything those records prove.
Please also donate to the Crowdfunder - we need another £38k to get to court.
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