You are entitled to have copies not just to view them! Remember to view
them is free anyway
For any one asking for their copy ss files:-
Make sure you ask for:-
Copies of all records, handwritten AND
computerised.
Copies of all e-mails, faxes, letters etc.
E-mails are very important. SS do not expect you to ask for these.
It is amazing what you can uncover.
Copies of all telephone messages
Copies of all internal memo's.
Copies of all contact logs from any contact
centres that you or your family have attended
Copies of all "Running Sheets". This is the day to day log of what
is happening in your case - (like a diary). You can tell if any are
missing as they are numbered. You MUST ensure you get copies of
these. Check them against the reports that SS have given into court.
note:
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IMPORTANT NOTES
If a child is 12 or over, then he/she is
considered Gillick Competent. The law was set out in the case of Gillick
(Gillick v West Norfolk and Wisbech AHA [1986] AC 112). It means that
the child has sufficient understanding in relation as to what is
happening in a given situation and has the capacity to take their own
decisions. This gives a child who is Gillick Competent the right to
consent to medical treatment, instruct legal representation, request
records, etc. Therefore the local authority may say that you are not
entitled to have access to your child's records because he/she is old
enough to request their own records and is protected under the Data
Protection Act 1989 under his/her own right.
To get copies of your
SS files and your children’s ss files, you must write a letter to the
social services asking for copies of all handwritten, and computerised
data they have of you, including internal memo's, running sheets and daily
logs. (Running sheets are a day to day recording of what is happening
and are very important). Make sure you put in your letter "I am
requesting this information under the Data Protection Act 1998". They
have 40 days in which to reply. If not, re-send a letter saying if they
don't reply within 7 days you will report them to the Information
Commissioner (Contact details below), as they are in breach of the
law.
The Information
Commissioner will ensure they give you the files, and comply with the law.
You are entitled to have copies of everything for £10.00. Sometimes they
say you can only view them with a social worker present, but they know
that this is against the law, and it is your right under the Data
Protection Act to have actual copies. You must state this to them, if
they try it on. Lastly, if there is information from third parties in the
file, they can still give it to you but must write first and obtain
permission from the person involved, i.e.. Health visitor, doctor, etc.
You are entitled to have copies not just to view them! Remember to view
them is free anyway
For any one asking for their copy ss files:-
Make sure you ask for:-
Copies of all records, handwritten AND
computerised.
Copies of all e-mails, faxes, letters etc. E-mails are very
important. SS do not expect you to ask for these. It is
amazing what you can uncover.
Copies of all telephone messages
Copies of all internal memo's.
Copies of all contact logs from any contact centres that you or your
family have attended.
Copies of all "Running Sheets". This is the day to day log of what
is happening in your case - (like a diary). You can tell if any are
missing as they are numbered. You MUST ensure you get copies of
these. Check them against the reports that SS have given into court.
»
YOUR RIGHT TO ACCESS YOUR SOCIAL SERVICE RECORDS
This section covers your rights under the
1998 Data Protection Act, which covers information from private and public
bodies, and the Freedom of Information Act 2000, which covers public bodies
only. It is always worth asking for information under both Acts,
although the 1998 Data Protection Act covers everything.
THE DATA PROTECTION ACT
The 1998 Data Protection Act gives all
individuals general right of access to the personal data which relates to
them. These rights are known as “subject access rights”. Requests for
access to information about those records are known as “subject access
requests”. Personal data may be computerised or paper records.
To view the 1998 Data Protection Act,
please go to:-
http://www.opsi.gov.uk/acts/acts1998/19980029.htm
The Act gives a right of access to social
work records which are held by any of the following:-
A local social services authority (England
and Wales)
A social work authority (Scotland)
A Health and Social Services Board or trust
(Northern Ireland)
A request for information can be made by
the person to whom the data relates, irrespective of age, or by someone who
is legally acting on their behalf, e.g. a parent because the child is too
young. Requests must be made in writing to the local authority social
services department, and they have up to 40 days in which to respond. (It
is worth sending your request letter by recorded/special delivery otherwise
social services may say they have not received it).
You are entitled to be given a description
of the data, be told why it is held, who it has been given to, any
information about the source of the data, and to be given an explanation as
to how any automated decision taken about you has been made.
You are entitled to have copies
of the information for a fee of £10.00. Not just to view it.
Information which may be withheld:-
If the information on a file
identifies other people, then it will often be right to remove that
information unless the third parties have agreed to the disclosure. (This
is less likely to apply to information identifying social workers or other
social work professionals unless to disclose it would cause them serious
harm).
If the disclosure of the information
would prejudice the carrying out of social work by reason of the fact that
serious harm to the physical or mental health of the data subject, or any
other person would likely to be caused.
If, in the case of requests made on
behalf of the data subject, by a person able to exercise their legal rights;
the data subject has expressly asked that some or all of the information
should not be disclosed or if they have provided the social services
department with information on the assumption that it will not be disclosed.
If it will hinder the prevention and
detection of crime or the prosecution or apprehension of offenders to
provide it.
»
If access is denied:-
If social services are denying you access
to records, or have not responded to your request within 40 days, if
you are at court you can apply to the judge for release of your data.
You can also contact the Data Protection Commissioner, who will investigate
this for you and :-
Information Commissioner England
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline
Telephone: 01625 545 745
Fax: 01625 545 510
Email:
mail@ico.gsi.gov.uk
To view advice on how to make a complaint
and download a complaints form go to:-
http://www.informationcommissioner.gov.uk/eventual.aspx?id=434
Information Commissioner Wales
2 Alexandra Gate
Ffordd Pengam
Cardiff
CF24 2SA
Telephone: 02920 894 929
Fax: 02920 894 930
Email:
Wales@ico.gsi.gov.uk
Website:
http://www.allwalesunit.gov.uk/index.cfm?articleid=1098
Information Commissioner Scotland
28 Thistle Street
Edinburgh
EH2 1EN
Telephone/fax: 0131 225 6341
Email: Scotland@ico.gsi.gov.uk
Website: http://www.itspublicknowledge.info/index.htm
Information Commissioner Northern Ireland
Room 101, Regus House
33 Clarendon Dock
Laganside
Belfast
BT1 3BG
Northern Ireland
Telephone: 028 9051 1270
Fax: 028 9051 1584
Email:
ni@ico.gsi.gov.uk
Website: http://www.oic.gov.ie/en/
THE FREEDOM OF INFORMATION ACT 2000
The Freedom of Information Act 2000, also
gives people the right to access information on them that is held by public
authorities. Any person has the right to make a request for information
held by a public authority. You should write to your local authority to see
your records under the Freedom of Information Act, and the authority must
usually respond to this request within 20 working days. This right came into
force on the 1 January 2005. You are entitled to access to any recorded
information such as e-mails, minutes of meetings, recordings and reports
held by public authorities in England, Northern Ireland and Wales.
To view the full Act please go to: http://www.opsi.gov.uk/acts/acts2000/20000036.htm
To view the full Freedom of Information Act
(Scotland) 2002, please go to:
http://www.opsi.gov.uk/legislation/scotland/acts2002/20020013.htm
If the local authority decide not to let
you have access to the records requests it must give reasons for the
decision. Also, if they ignore your request for information you can
complain to the Information Commissioner (see Data Protection Act for
addresses)
The ICO may serve a notice on the local
authority either confirming the decision made, or directing it to disclose
the information within a certain time. If the local authority do not comply
with this it constitutes contempt of court, and they are in breach of the
law.
If you disagree with the ICO’s decision you
have 28 days in which to take the matter to an Independent Information
Tribunal.
For information on the appeals process
please contact:-
The Department of Constitutional Affairs:-
Tel: 0845 6000 877
Email:
informationtribunal@dca.gsi.gov.uk
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