Post by Ancient OneWell, its taken since the 18/2/04 to finally get a promise to see my files.
slightly over the 40 day limit wouldn't you say?
Paul, I haven't formulated my response onto what I want to see, would you
advise me on exactly what to ask for?
I also want to see the initial contact between social worker and exwife as I
am sure she made serious allegations resulting in war on myself, whats the
best way to tackle this.
I suspect as solicitor does that its taken this long as books have been
cooked until whole parts have dissolved.
Any ideas?
AO
RPSSUK
http://www.the-real-picture-of-uk-social-services.i8.com/
Ask for everything that you are entitled to under the subject access
provisions of the DPA. you want hard copies not just access.
From the Information commissioner
"Making a subject access request?
Subject access requests must be made in writing to data controllers who are
allowed up to 40 days in which to respond. (The "data controller" is
technically the organisation responsible for the data, in this case local
authority as a whole. For practical purposes it is often easiest, however,
to approach its social services department directly.) Data subjects are
entitled to be told if any personal data are held about them and, if it is:
1.. . To be given a description of the data;
1.. . To be told why the data are held;
2.. . To be told who the data may have been given to;
3.. . To be given a copy of the data with any technical terms explained;
4.. . To be given any information available to the controller as to the
source of the data;
5.. . To be given an explanation as to how any automated decision taken
about them have been made.
Data controllers may charge a fee of up to £10 for responding to a subject
access request. They may also ask for any information which they need in
order to verify the identity of the person making the requests and to locate
the data (for instance names of relevant social workers, dates of contact
with the Department.)
Information which may be withheld
In principle individuals have a right to be given a copy of all the
information contained in their social work files. There are, however, times
when the Act allows the social services department to withhold some
information. The main exceptions are:
1.. . 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.)
2.. . 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 be likely to
be caused;
3.. . 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;
4.. . If in that particular case it would hinder the prevention and
detection of crime or the prosecution or apprehension of offenders to
provide it. "
http://www.informationcommissioner.gov.uk/eventual.aspx?id=1228