Staff at Bristol NHS Foundation Trust are under investigation for potentially accessing the medical records of Oliver McGowan without a legitimate reason. Oliver’s parents, Paula and Tom McGowan, were informed that staff had accessed their son's medical files years after his death. The trust has apologized to the family for the distress caused.
Oliver was autistic and had epilepsy. He died at Southmead Hospital in Bristol in November 2016 after suffering a rare reaction to antipsychotic medication. A later independent review commissioned by the NHS found that his death was potentially avoidable.
An audit requested by Oliver’s parents found 653 instances in which his medical records were viewed or printed after his death. Many of those accesses were considered legitimate because staff were involved in complaints, legal proceedings, investigations or other official work.
However, the trust has identified several cases that remain under investigation. Three current employees are under formal investigation because the trust has not established a legitimate clinical or operational reason for their access. A fourth current employee is being reviewed separately by the trust’s chief medical officer.
One former doctor was also found to have accessed Oliver’s records in March 2026 without an established legitimate reason. The doctor has self-referred to the General Medical Council.
The final number of inappropriate accesses has not yet been determined because the investigation is still underway. Former employees who accessed Oliver’s records have also been contacted and asked to explain why they viewed them.
Health minister Gillian Merron revealed that between 2019 and 2025, 1,445 cases of inappropriate access to health records were reported to the Information Commissioner’s Office. Merron said unauthorized access to medical records is unacceptable and NHS organizations must take action when it occurs.
The trust is now facing scrutiny over how it handles data security and staff access to sensitive patient information. It has also made a precautionary referral to the Information Commissioner’s Office while its investigation continues.
The case comes amid a wider crackdown on NHS staff accessing records without a legitimate reason. NHS England chief executive Sir Jim Mackey said Friday that staff suspected of snooping should be suspended immediately and have their access to NHS computer systems cut off while allegations are investigated.
Mackey said NHS trusts should take a zero-tolerance approach. He warned that staff who access records out of curiosity could lose their jobs and could potentially face criminal consequences.
NHS England has also issued guidance aimed at preventing unauthorized access to patient records. The guidance says staff must have a legitimate reason before accessing medical information.
The McGowan case is part of a broader concern about unauthorized access to medical records across the NHS. An investigation involving 140 NHS trusts found that 214 staff had been dismissed over inappropriate access during the previous five years. Hundreds of others received disciplinary action.
The family has expressed disappointment over what they see as a breach of trust in the healthcare system. Paula McGowan described the unauthorized access as a violation of her son's privacy and dignity.
Oliver’s death had already led to major changes in NHS training. His parents campaigned for better education about autism and learning disabilities after his death. Mandatory training known as the Oliver McGowan Mandatory Training on Learning Disability and Autism was later introduced for health and social care staff.
The investigation into the records remains ongoing. The trust has said no final determination will be made until all outstanding inquiries have been completed.
Patients and their families continue to expect that their personal health data will be protected at all times. The case has renewed attention on how NHS organizations monitor access to electronic medical records and respond when employees view information without a legitimate reason.
