Ms. Jane Keating, a resident of Manchester, engaged Aldwych Legal after discovering a false detail recorded by the North West Ambulance Service on her Patient Report Form. The note claimed she had been expelled from college—a fact with no basis in reality—and it persisted despite her repeated requests for correction. We pursued swift rectification under the UK GDPR and pressed for accountability in the NHS complaints process.
What Happened
During an ambulance attendance, a paramedic known as Daz documented the expulsion allegation. The inaccurate entry remained on NWAS records and, despite Ms. Keating’s complaints, NWAS refused to amend and stated the report was an ‘accurate account’ in a letter dated 12 April 2021. This false information affected her interactions with public services and caused distress.
Legal Issues
- Data accuracy under Article 5(1)(d) of the UK GDPR and Article 16 right to rectification, requiring prompt correction of incorrect data.
- Data Protection Act 2018 obligations and the requirement for timely responses to Subject Access Requests (SARs).
- NHS Complaints Procedure and Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 regarding proper handling of complaints.
- Duty of candour under Health and Social Care Act 2008; transparency when things go wrong.
Our Approach
After instructions, our team assessed the case and identified clear breaches. We sent a formal letter to NWAS asserting the right to accurate data and demanding immediate correction. We relied on Article 16 and relevant NHS regulations, and prepared for pre-action communications as per the CPR and Pre-Action Protocols where applicable.
We prepared a Subject Access Request to obtain all data NWAS held on Ms. Keating, including the PRF and correspondence. We engaged in targeted correspondence with NWAS and sought a substantive response within the legal timeframes.
Outcome
NWAS corrected the record, removing the expulsion allegation from all files and ensuring future interactions would not be tainted by the inaccuracy.
NWAS provided full SAR data, allowing review of how the mishandling occurred and ensuring no residual inaccuracies remained in the records. They issued a formal apology and committed to reviewing internal processes to prevent recurrence.
Result / Why It Matters
This case underscores Aldwych Legal’s expertise in data protection and NHS regulatory matters, showing how swift, principled action protects individuals’ rights and public-service integrity.
