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Medical Records/ Name change….CLC help request.
OK Here’s a good one for you…….
I have a court order stating my child should be known by my surname…this was ordered in February….i’ve had the school change his name back to his legal surname with no real issue however the doctors surgery are just a pain to deal with….
They have failed to respond to several phone calls and 3 letters since February….so I gave them one last chance and threatened to go to the Local Health Authority Board with my complaint which got the desired result and got a response but failed to get them to agree to change his name back.
The response I got is this:
“I telephoned the Medical & Dental Defence Union for advice. I was advised to contact you and ask for a legal letter from a solicitor signed by both you and your ex-wife to agree the change back of the surname.
Once we get it that letter we will change it back. But you both have to agree and sign it.”
I’ve replied via email to reiterate the statement in the court order that refers to the only name my child is to be known as and that the ex is also Prohibited from causing him to be known by any other name.
And also said that the ex will never sign anything to say she will agree to the change of name.
I’ve just followed this up with a polite phone call today to the practice manager.
I explained that the court order (they have a copy of this) states the above wording and I request they amend their records to correct his name….i was then told by the manager that she will check again with the doctor (I assume the head doc there) and get back to me.
So frustrating….i’ve been trying for 3yrs to get access to medical records and 2yrs about the name change! Arrgghhh!
Question:
If they come back again saying about needing a legal letter signed by the ex and me (which will never happen) how can I fight this further?
heya - good route via the practice manager. Shouldnt be an issue to get medical notes. One call to the practice manager usually does it.
The fact that they contacted the MDU meant they dont have a clue.
I suspect the practice manager will do it to avoid any potential complaints.
Two routes are either the PCT - the boroughs primary care trust or even to the nhs
http://www.nhs.uk/NHSEngland/AboutNHSservices/doctors/Pages/NHSGPs.aspx
fairly self-explanatory.
Just state to the practice manager if they are being not very helpful you will be taking this futher can you have details for the head of the PCT and can you have their full name, the GP who has made the decision and verification of what they need in writing. Should twist their arm slightly 😛
The way I see it, they are in breach of a court order, which is contempt of court. I would ring the court to see what your actions should be and then tell the practice manager that if it isn't resolved in 14 days, you will be taking them to court for contempt (assuming that's a route the court say you can take) and be seeking costs against them. Confirm that to them in a letter - hand delivered and signed for or recorded delivery.
That might focus their minds a little.
Great replies guys,
i did say in my email and phone converstation with the practice manager that i'd give them 14days to comfirm their stance before i took it further.
so we'll see how this pans out.
back in court in a week or so and going to mention it to the Judge see what he says.
dad-i-d A few questions RE This subject..... I wasn't aware you can have an order in place for prevention of known has name change.. Is the order hard to acquire? and is it a specific order? if so what do i say to the court to acquire it? I do think this could be tricky though for me because my ex has named my son after her for about 7 years now so it could be pointless for me.
Hi Dad I d
The practice has to change his name, and you have told us that they have a copy of the Order. If they do not do it, or do not reply within 14 days, I would defo go to the PCT.
Jasey78......a Specific Issues Order.... I had applied for it along side the contact order. can't remember the forms but search the Custody minefield site i think i got it off there.
I found out about the name change when I found out where my little one had started pre-school at age 3 ½- I then found out that when the ex married a few months later that she’d changed his name again to match her surname……
She is not allowed to legally change his name without my agreement in writing but she is allowed to have him “known by” whatever name she likes so it seems.
However due to the continual contact breaking I have fought the name issue as well as the contact breaking as if I don’t get to keep regular contact I will be erased from my son’s life…..i have fought this at every hearing we’ve had that he was registered with my surname at birth and was known by that until I left and she only started using her surname with him when I took the legal route to increase my contact with him in 2010.
I was only aware of the name change in 2011 and have fought it ever since.
The judge saw that my son having his birth name being the only name he should be known as was his right and would give prevent my ex from totally erasing me from his memories.
Maybe I got a judge who was seeing the alienation and erasing of me from my child’s life and wanted to prevent it from happening.
My court order states:
"Where a residents order is in force no person may cause the child to be known by a new surname... without the written consent of every person with PR"
Every order i've been awarded in the last 2,1/2 years has said the same.
The Order now states: The child shall be known by the surname: Asurname
and the Respondent is prohibited from causing the child to be known by a surname other than: Asurname
Hi dad-i-dad,
Sorry to hear you are still having problems!
I have had this many times myself too. Let us know what the practice manager says.
If you get an unsatisfactory response, call the local PCT to complain, they will also or should also give you information on:
TheCCG (Clinical Ccommissioning Group) or the FHSA (Family Health Services Authority) <-- These can be bodies who can help in dealing with matters like this and should give information on any way of bringing about legal action.
Nice to hear your advice again Yoji.....hope all going well for you.....your advice the last year or so has been invaluable to me.
The CCG is replacing the PCT so by and large the same thing. The practice will not want to upset them.
I cant see this being an issue - the practice will be forced to change the name cause they will not wanna get involved.
BW
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