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Sunday 12 October 2008
Social care and health section

Access to your social care services records

This page explains how you can have access to your personal information we have recorded about you.

On this page:

Introduction

The Adult Social Care and Health Department provides a wide range of services to the public. To provide these services we need to collect information and keep detailed records.

Nottinghamshire County Council has a policy to make arrangements for individuals to see what is recorded about them on our files.

If there is personal information recorded about you, you have rights of access to this information and can check that what is written about you is factually correct.

The legislation which describes your rights in relation to manually recorded and computer held information is the Data Protection Act, 1998.

What information is kept?

When you seek help or advice from us you are asked for information about yourself and your circumstances, for example, name(s), date of birth, address ethnic origin. We record and keep this information.

We may also keep on file information from other professionals, e.g. doctor, teacher, health visitor as well as assessments by our staff.

Where is information kept?

Information may be kept in log books, in paper files, or on computer. These records will usually be kept at the local Adult Social Care and Health Department office or at the day centre or residential unit which you attend.

If you had contact with the department in the past, your file may be stored away or it may have been destroyed. There us a records retention policy which governs how long records are kept.

The Data Protection Act states that records must not be kept for longer than is necessary.

What information can I see?

You have a right to see personal information about you wherever and however it is stored. Some information may be on a paper or computer file under your own name.

You do not have to be a direct service user to ask to see information stored about you. You may be someone with parental responsibility or a carer.

Children under the age of 18 are also entitled to see what is recorded about them provided that they understand what it means to make a request.

Is there any information that I cannot see?

The department must look at every request in the light of the Data Protection Act. We will always try to show you as much information as possible but you may not be able to see everything which is recorded on the file.

You have no right to see information which is personal to another individual. This includes parents who request access to records held on their children however, such a request could be considered.

The Data Protection Act only covers information about living persons.

Can other people see information about me?

Other people, even members of your family, will not normally be shown what is recorded about you without your permission. The department will only let other professionals see the files where this necessary.

What do I do if I want to see information about me?

All you have to do is write to the manager at your local office.

Or:

Strategic Director
Adult Social Care and Health Department

Nottinghamshire County Council
County Hall
West Bridgford
Nottingham
NG2 7QP

Or, if you wish to make a formal "subject access request" under the Data Protection Act, you should state this in writing to:

The Data Protection Officer
Nottinghamshire County Council
County Hall
West Bridgford
Nottingham
NG2 7QP

You can ask someone else to write on your behalf, but you should sign the letter as well to show that you want the request to go ahead

You should receive a reply within 10 working days. This will let you know how the officers will deal with your request.

What happens next?

We will make every effort to provide you with the information you want:

  • we will arrange for you to see what is recorded about you
  • you can bring a friend/support person with you if you come to see your records
  • a member of staff can help explain anything which you do not understand
  • we will provide an interpreter or translator if needed
  • you can have a free photocopy of any information you are shown.

Is there any charge?

There is no charge for this service.

How long will it take?

The department must give you whatever information it can within 40 days of receiving a valid request from you. a valid request is one which is written and contains all the information which is needed to find any records.

There may be some delays if the department cannot find some records or if it is waiting for permission from other people mentioned in the records which you have asked to see.

What should I do if I think the information is wrong?

If you can show that facts recorded about you are wrong or that assessments made were based on inaccurate facts then the department may correct or erase them.

If you disagree with what is written then your views can by added to the records.

You need to let us know in writing what you wish to change, what you think needs to be done to change it and where it is in the record.

We will deal with your request within 21 days of our receiving it.

You should receive a copy of any changes made.

What do I do if I am not satisfied?

If you are not satisfied with the way in which your request for information is handled, you can contact the manager at your local social services office or you can make a formal complaint to the Customer Relations Service.

If you wish to receive independent advice or support, you should contact the Information Commissioner. The Commissioner can inform you about your rights under the Data Protection Act.

The office of the Information Commissioner can be contacted as follows:

The Data Protection Helpline
tel: 01625 545745
website: www.dataprotection.gov.uk
e-mail: mail@ico.gsi.gov.uk

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

website: www.informationcommissioner.gov.uk

You can also contact the Information Commissioner to request an assessment. if you have been refused access to records you can choose to appeal to either the Information Commissioner or the courts.


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