Litigation friends

GP surgeries may occasionally receive requests for access to medical records from individuals acting as litigation friends.

A litigation friend is appointed by the court to make decisions in legal proceedings on behalf of:

• An adult who lacks the mental capacity to conduct their own case, or
• A child involved in court proceedings.

The court assesses the suitability of the proposed litigation friend before confirming their appointment. Once appointed, the litigation friend is responsible for directing the legal proceedings in the best interests of the individual they represent.

As part of their role, a litigation friend may request access to medical records. Since they are legally authorised to act on the individual’s behalf, such requests are valid. However, we recommend asking to see official documentation confirming their appointment—typically a court-issued certificate.

The role of a litigation friend generally concludes once the legal case has ended. Further details about their responsibilities and the duration of their role can be found in the guidance linked above.