If you are stuck in such a situation, here is what to do.

Ms. Amelia recently decided to gather evidence concerning a potential police report for an assault that occurred several years ago. She had experienced two separate head injuries around that time. The first was due to a fainting spell at her workplace, for which she was treated at St. Jude’s Hospital. The second was caused by a former partner, Mr. Harrison, who assaulted her. Following this assault, the NHS helpline was called, and they advised attending A&E. Mr. Harrison took her to the Royal County Infirmary but coerced her into leaving before she was seen by a doctor. She was taken back to the same A&E the following evening.

Upon receiving her medical records through a Subject Access Request (SAR), Amelia discovered that the two distinct events had been inaccurately merged. The record documented the fainting spell at work and the return trip to the Royal County Infirmary, but it completely omitted the assault itself, the initial A&E visit that was cut short, and the call to the NHS helpline. Furthermore, the dates were recorded as being consecutive, which is incorrect, as the incidents were weeks apart. This error creates a confusing and false narrative, making it appear she was in two different cities at once. Amelia has since contacted the hospital’s records team but is concerned that the evidence she needs for a police report is now compromised.

Advice in such cases

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.
• Formal Complaint and Rectification: You have a legal right to have inaccurate data corrected. You should submit a formal request for rectification in writing to the Data Protection Officer (DPO) of the NHS Trust responsible for the records. Clearly outline the inaccuracies and provide the correct information as you recall it. You can also raise the issue with the hospital’s Patient Advice and Liaison Service (PALS).
• Gather Corroborating Evidence: Do not rely solely on the flawed medical records. Try to gather other evidence to build a correct timeline. This could include work attendance records, bank statements showing transactions in different locations, phone records, or any text messages or emails sent to friends or family at the time of the incidents.
• Contact All Involved Parties: As Amelia considered, it is a sensible step to contact the other hospital (St. Jude’s) to obtain their records separately. These may help establish a clearer timeline and highlight the errors in the consolidated record from the Royal County Infirmary.

Applicable Sections of Law

• Data Protection Act 2018 and UK GDPR: This is the primary legislation governing your personal data. Article 16 of the UK GDPR gives you the ‘right to rectification’. This means an organisation holding your data, like an NHS Trust, is legally obligated to correct any inaccurate information they hold about you without undue delay.
• Offences against the Person Act 1861: The assault described, resulting in a head injury, could potentially fall under Section 47 of this Act (Assault Occasioning Actual Bodily Harm – ABH) or even Section 20 (Unlawful Wounding or Inflicting Grievous Bodily Harm). The flawed records do not negate the crime.
• Common Law Duty of Care: Healthcare providers have a professional and legal duty to maintain accurate and contemporaneous patient records. A failure to do so can be challenged.

If you are the complainant

Your primary task is to formally challenge the inaccurate records while simultaneously building your case with alternative evidence. Write a clear, chronological account of the events. Submit this with your request for rectification to the NHS Trust. Do not be deterred from reporting the crime to the police; you can and should explain the issues with the medical records when you file the report.

If you are the victim

Your personal testimony is a crucial piece of evidence. The police and Crown Prosecution Service are accustomed to cases where documentary evidence is imperfect or even contradictory. Your consistent account of the events is powerful. Focus on what you can prove independently of the flawed NHS record and present a coherent narrative to the authorities.

How the police behave in such cases

The police will not dismiss your complaint because of an administrative error in your medical files. They will take your statement and are likely to view the record discrepancy as a point to be investigated, not a reason to stop. An investigating officer can make their own enquiries with the NHS Trusts involved to seek clarification and may be able to uncover the source of the error. They will focus on all available evidence, not just one flawed document.

FAQs people normally have

• Can I still report the assault if the records are wrong?
  Yes. A police report can be filed. Your testimony is evidence. The flawed record is a hurdle, not a complete barrier. Explain the situation to the police when you make your report.
• How long does the NHS have to correct my records?
  Under UK GDPR, they must respond to a rectification request within one month, though this can be extended by a further two months if the request is complex.
• Will the police think I am making it up because the records don’t match my story?
  Not necessarily. Record-keeping errors are known to happen. The police investigation will aim to uncover the truth and will look at all evidence, including your testimony and other corroborating materials, to form a complete picture.

What evidence is required?

For a historic assault prosecution, the police and CPS will look for a range of evidence, including:

• Your detailed witness statement.
• The corrected medical records, if they can be rectified.
• Any independent medical reports you may have.
• Witness testimony from anyone you confided in at the time.
• Digital evidence, such as text messages, emails, or social media posts mentioning the assault.
• Phone records or location data that places you and the accused at the scene.
• Records from the NHS helpline call, if they can be retrieved.

How long will the investigation take?

Investigations into historic crimes, particularly those with complicated evidence, can be lengthy. It may take many months for the police to gather all the necessary information from different sources like NHS Trusts and digital service providers before they can decide whether to refer the case to the Crown Prosecution Service for a charging decision.

Advocate Sudhir Rao, Supreme Court of India