• Policy

The Access to Personal Files Act 1987 defined your rights to be able to see "accessible personal information". In line with this legislation, Social Services firmly believes that individuals have a right to see the information kept about themselves on our records.

The Policy only applies to records held since 1 January 1988.

However, requests for access to information held on records which were kept before this date, will be considered.

• Why do we keep records?

Social Services provides a wide range of services to the public. To provide an effective service, we have to obtain relevant information, keep a record of what help people are requesting and what services they are receiving.

Alongside other professionals, like your doctor, bank manager or employer, we take this responsibility very seriously and aim to ensure that confidential information is kept securely.

Therefore, if you see a Social Worker, receive a service in your home (such as home help), attend a Day Centre or live in one of our Residential homes, we will need to keep a record of our work with you.

We need to keep important details, such as names and addresses of family members, schools and doctors etc., in order to know who to contact should the need to do so arise.

We also need a factual record of how we have assessed your needs and the service provided so that if, for example, the worker involved with you is unavailable, other staff can help you.

• What information can I see?

Only you can see the record of your involvement with the Social Services. Other people, including members of your family, cannot see your file without your consent.

In the same way, you can not see information about other people, including members of your family without their permission. This applies whether you are a child, young person or an adult.

• What information can’t I see?

You will not be able to see information:

• which is given to us, in confidence, by an individual or agency, unless the people or person has given prior permission.
• which is about another person unless you have their permission.
• when we believe that serious harm to your physical or mental health, or that of someone else, would result. This is very rare and we would have to be able to provide very good evidence of our concerns.
• where there are clear legal reasons, for example where the holding of the information is to prevent a crime and giving access to the information would make the crime more likely to occur. Again this would be exceptional.

Records have to kept of any refusal to show information so that the reasons can be checked and appeals investigated.

• How to gain access to your records

Ask the member of staff with whom you have the most contact. They will then make the necessary arrangements.

If it is agreed that you can see your records, access will normally be arranged within two weeks.

Arrangements will be made for you to see your records at one of our local offices. If you wish, you may be accompanied by a friend or relative.

If you have difficulty reading your records we can make someone available to help you.

You will not be allowed to take your file away, but you can take a photocopy of any of the information in it, for which there is a small fee.

• Your right to appeal

If you wish to change any information held on the file, you should tell a member of staff who will arrange for the record to be altered or for your own comments to be added.

You can appeal against any decision to refuse to show you all or parts of your records. However, you will need to be aware of the exceptions listed above in the "What information can’t you see?" section.

To appeal, you should write to the Head of Social and Housing Services who will choose a member of staff to look into your appeal and report back to him about your situation.

If after an appeal, you are still unhappy with the decision, you can make a final appeal to a panel of County Councilors, by again writing to the Director.