A National Voice

Access to Records

The Rights area of our site has various documents relating to the rights of looked after young people.

This page is about Social Services Records and your access to them. In a recent survey carried out by A National Voice 77% of young people from care knew that they had a right to see their Social Services Records.

The following basic information has been taken fom the website of the Care Leavers Association (CLA) and is in a question and answer format.

The CLA are an evergrowing union of Care Leavers and their members are all from Care, the CLA is similar to A National Voice except our members are all under 25 years old.

The CLA have launched a campaign designed to improve access to records for children in care and care leavers.

There is also a Government website by the Department of Health which sets out rules about how Social Services must deal with Records of people from Care in accordance with the Data Protection Act (HMSO)

Basic Information on Accessing Your File

DATA PROTECTION

Why do social services and others need to keep files?

Generally speaking, files are kept so that information that you, your family and others have given can be used to plan and provide effective services. It is important that some record of what has happened in the past is kept so that new workers know what has been going on and are not constantly 'reinventing the wheel'. For young people who have been in care, the records will consist of such things as regular case notes - a bit like a diary (perhaps by residential workers) or more official notes from 6-monthly reviews. However, there can also be a lot of other information in there, such as letters between schools, social workers, therapists, parents and so on.

These records may include sensitive information about you, e.g. your ethnic origin, religious beliefs, health, sexual life, parents and family. You have the right to know if any of these are recorded and if so, why.

Nowadays, all records have to meet the requirements of the Data Protection Act 1998. The principles of the Data Protection Act are explained at the end of this fact sheet.

Who can have access to my file?

Generally, If work has taken place with your whole family, all the information will be available to the whole family. If work has only been undertaken with you, information can only be seen by you unless you agree to others seeing it. For care leavers, this sometimes means that you may not be able to see parts of your file that have information about work done with other family members unless you have the permission of those family members.

Those working with you would not usually have had access to files held by other agencies unless:

• You gave your permission.
• There were concerns about your safety or that of someone else connected to you.
• Information needed to be shared to prevent or detect a crime.
• It was used for statistical purposes and in this case you would not be identified.

How do I go about seeing my file?

Within the above limitations, you are able to see your records and receive copies at any time by applying to the organisation who holds your file. They should make the information available within a maximum of 40 days from you making your application. Having received your request, good practice usually means that a social worker will arrange for you to look through your file. The worker should be there primarily to explain any points and note any changes that you think should be made to the records.

May any part of the file be withheld from me?

It is possible that information from someone (e.g. a Doctor) which is written in confidence would not be shared. In such circumstances, the organisation would need to obtain the agreement of the person providing the information. Sometimes, if they believe that it will cause you serious harm to see certain information, the organisation can refuse to show that part of the file. Most organisations have to apply for this right to withhold information, but most social care organisations would already have this power. It might apply to care leavers with significant mental health problems, but it is hard to see how it would apply in any other case. Even for those with significant mental health problems, whether such information would be harmful in the short term but beneficial in the long term, or distressing but not necessarily harmful, would clearly in many cases be a difficult judgement call.

Will I have a copy of anything written about me?

Nowadays, when a letter or report is written on your behalf, good practice requires it should be discussed with you but every organisation will have their own ways of doing this. Obviously, for most older care leavers this will not have been the case. Therefore much of the information in the file may be material or information you have never seen before.

What happens to files when work comes to and end?

The file will be closed but will be retained for a minimum period. This will vary but for those working with children it would normally be for some years after contact ended. Nowadays, the records of looked after children have to be retained for 75 years from birth or 15 years after a child under the of 18 dies. Throughout this time, you continue to have the right to see the information kept on you. Thereafter the file and contents will be destroyed.

What can I do if I am not satisfied?

If you do not see your file within 40 days of asking to do so or have any other complaints about the information kept on you, you have the right to raise this with the Information Commissioner for Data Protection:

• Information Commissioner
• Water Lane,
• Wycliffe House,
• Wilmslow,
• Cheshire.
• SK9 5AF
• Telephone: 01625 545 700
• Facsimile: 01625 524510
• e-mail: http://www.careleavers.org.uk/access/mail@dataprotection.gov.uk
• Website: http://www.informationcommissioner.gov.uk/

The 8 principles of the Data Protection Act 1998

1. Information is processed fairly and lawfully This means information has been collected so that a service can be delivered to the person/s involved; the person knows what their rights of access to records is; they have agreed to the information being kept/shared.
2. Information is obtained only for specified and lawful purposes This means collect information should only be collected to help deliver a service.
3. Information is adequate, relevant and not excessive This means organisations should only collect what they need to give you a service.
4. Information is accurate and, where necessary, kept up to date.
5. Information is kept for no longer than necessary.
6. Information is processed in accordance with the rights of data subjects under the Act. This means if information is kept or used that all the rights of the person are protected i.e. that information is accurate and that it is only shared with people who need to know it.
7. Information is safeguarded against unauthorised or unlawful processing and against accidental destruction or damage This means information is stored safely to avoid it being lost or destroyed or accessed by someone not entitled to access it.
8. Information is retained wholly within the European Economic Area, unless there are adequate protections in the receiving territory. This means information will not be sent anywhere that does not have protection for people about how information is stored and used.

This guide was based on information provided by
Bob Cook,
Principal Manager, Standards and Risk Management
Barnardo's