Access to a Child's Medical and Educational Records by Their Parents - Parental Rights in Scotland

When parents separate, navigating responsibilities and rights regarding their children’s wellbeing can become challenging, particularly when it comes to accessing medical and educational records. In this article, we explain the legal framework in Scotland and how it applies in real-life scenarios, alongside how to act in the best interests of the child or young person.

Whether it’s family law, conveyancing matters, employment disputes or personal injury claims, many people rely on advice from friends, family, or the internet. Unfortunately, this advice is often inaccurate. In this blog, I’ll highlight some of the most common legal misconceptions we encounter at Complete Clarity and Simplicity Legal and explain the reality behind them, helping you better understand your rights and obligations.

Separated Parents: Right to Access Educational and Medical Records

Disputes may arise when separated parents disagree on issues affecting a child’s health. In Scotland, anyone with Parental Rights and Responsibilities is entitled to request access disclosure of a child’s medical records.

Educational Information and Separated Parents - Family Law

Educational records are governed by the Pupils’ Educational Records (Scotland) Regulations 2003. Any person with Parental Rights and Responsibilities is entitled to access these records. Additionally, the Scottish Schools (Parental Involvement) Act 2006 requires schools to involve all parents, resident or non-resident, in their child’s education.

Importantly, even a parent who does not have Parental Rights and Responsibilities but has financial responsibility for the child may request access to educational records, although their involvement in other aspects (e.g. parents’ evenings or direct consultation with teachers) is not guaranteed by law.

Seeking Parental Rights and Responsibilities Through the Courts

Parents without Parental Rights and Responsibilities may apply to the court for them. The court’s paramount concern is always the child’s welfare. Key factors include the applicant’s:

Relationship and commitment to the child;
Motives for applying;

Willingness to promote the child’s best interests.

How We Can Help: Access to School and Medical Information About a Child

Disputes over access to children’s records are often emotionally charged and legally complex. If you are facing challenges accessing medical or educational information about your child, or if you are seeking to obtain or limit parental rights, we are here to help.

Contact our Family Law Solicitors in Scotland today for expert advice tailored to your situation. We offer practical guidance and robust legal representation to protect your rights—and your child’s best interests.