The family of Oliver McGowan was told that at least five staff at Bristol NHS Foundation Trust may have accessed his medical records after his death in 2016. Three nurses are under formal investigation and a former trust doctor has self‑referred to the GMC. The trust apologised, has voluntarily referred itself to the ICO, and is examining additional cases while the inquiry continues. The incident highlights wider concerns about digital record security and unauthorised access across the NHS.
NHS Trust Investigates Staff Over Alleged Access To Deceased Teen’s Medical Records
Oliver McGowan, pictured here with his mother Paula, died in 2016 after being prescribed anti-psychotic medication at Southmead Hospital in Bristol [Paula McGowan]
The family of Oliver McGowan says they were 'deeply concerned and hurt' after learning that staff at Bristol NHS Foundation Trust may have accessed the 18-year-old's medical records without permission for years following his death in 2016. Oliver, who had autism, a mild learning disability and epilepsy, died after being given an antipsychotic drug that his family had repeatedly warned should not be used. A 2020 report found his death was 'potentially avoidable.'
Investigation Under Way
The trust has confirmed that at least five employees may have viewed Oliver's records after his death. Three nurses who were not involved in his care are the subject of formal internal investigations; a doctor who no longer works for the trust has self-referred to the General Medical Council (GMC); and a further member of staff is under separate review. The trust says most accesses were appropriate and related to complaints, legal action or the coroner's inquest, but initial inquiries found no legitimate reason for several viewings.
A report in 2020 found Oliver's death was "potentially avoidable", with his parents blaming the "ignorance" of medics [Paula McGowan]
After requesting access to the records, Oliver's mother, Paula McGowan, was told that 38 separate users had opened the file since 2016, with 637 items viewed and 67 pages printed. The trust has apologised for any distress caused and has voluntarily referred itself to the Information Commissioner's Office (ICO) while it conducts a thorough investigation.
Family Response
'I've always been open and honest but there are deeply personal things in Oliver's notes that I don't tell anybody,' said Paula McGowan. 'He died in pain and it's not pleasant if that side of Oliver's death has been accessed.'
Her husband, Tom McGowan, warned that moving records to digital and cloud-based systems carries risks: 'It's a weakness in the system and action needs to be taken now to tighten up controls.' Paula McGowan has since become a prominent patient safety campaigner and received an OBE in 2021 for her advocacy on behalf of autistic people and those with learning disabilities.
Oliver, who had epilepsy, was being treated for a seizure when he was given the anti-psychotic drug to sedate him, which caused a rare side effect [Paula McGowan]
Wider Concerns About Unauthorised Access
The case adds to growing concern about NHS staff accessing patient records without a legitimate clinical reason. An investigation reported by the Health Services Journal found that at least 214 NHS staff have been dismissed and roughly 2,000 have faced sanctions for snooping on sensitive patient data over the past five years. NHS England has warned that unauthorised access can lead to disciplinary action, dismissal and possible criminal prosecution.
IT systems across NHS organisations keep audit trails that record who accessed a record and when. There is no single nationwide electronic record; individual organisations control access to their own systems and should authorise views only for legitimate, work-related reasons.
Paula McGowan, with husband Tom, became a prominent patient safety campaigner following Oliver's death and received an OBE in 2021 for her work to improve care for autistic people and people with learning disabilities [BBC]
Trust Statement
Professor Steve Hams, the trust's Chief Nursing and Improvement Officer, said: 'Every patient and family has the right to expect that their personal information will be treated with care, respect and confidentiality. Any concern that records may have been accessed without a legitimate reason is something we take extremely seriously.' The trust added that, if misconduct is confirmed, appropriate actions will be taken through relevant processes.
This investigation remains ongoing and the trust has said it would be inappropriate to draw conclusions until enquiries are complete.
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