A DAUGHTER fighting for her dead mother’s care records has won leave to appeal against a decision to throw out her claim.

Dilys Langley sought a county court order requiring private healthcare providers BUPA to release health records relating to her mum Audrey Ford’s stay at one of its West Wickham care homes.

She claims almost a year’s worth of documents are missing and wants BUPA to say why they cannot be produced.

Despite a judge originally saying he was considering asking BUPA to provide a sworn statement about this, he threw out Mrs Ford’s claim at a second hearing in February. A written appeal request was turned down.

Unrepresented at the time, Mrs Langley, 50, of Hayes Road, Bromley, has now won the backing of barrister Patrick Green, who is working for free.

Mr Green told Bromley County Court: “There is a clear error in law upon which the deputy district judge proceeded in treating the application as he did.” The case centres around how Mrs Langley originally applied to the court. The Access to Health Records Act requires record-holders to release documents it has for deceased patients, but the holder can ask the applicant to prove they are required for a further legal claim.

BUPA says this was not shown at the time so it had no obligation to provide the records.

The appeal, granted by Judge Susan Hamilton QC, will be heard in the autumn. Mrs Langley says she is “absolutely delighted”.

A BUPA spokesman said Mrs Langley has been given copies of the records it has, adding the appeal was granted on a “limited basis”.

The spokesman added: “She has raised a legal issue, which had not been raised previously, and the court agreed it should consider it.

“The records she’s received provide a full picture of the care her mother received while at Isard House.” Mrs Ford, 83, lived at the Glebe House Drive home from February 1999 until July 2001 before being admitted to hospital.

She moved to Westmeria Nursing Home, Bromley, and died in December 2001 from a lung blockage. Last October, a coroner recorded an open verdict.