PHIPA DECISION 265

A father filed a complaint under the Personal Health Information Protection Act (PHIPA) regarding a social worker’s decision to deny him access for notes and documents relating to the social worker’s preparation of a custody and access assessment report. The social worker had already provided copies from his file to the complainant’s family lawyer. The social worker takes the position that he was not a “health information custodian” for the purposes of preparing the report. In this decision, the adjudicator finds that the social worker is not a “health information custodian” within the meaning of that term under section 3(1) of PHIPA for the purpose of preparing the report. Accordingly, the adjudicator finds that the complainant does not have a right under PHIPA to request access to the requested records or complain about any fee requested or already paid. The adjudicator exercises her discretion not to conduct a review under sections 57(4)(a) and (b) of PHIPA.