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Log infile whilst we wear in care
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file whilst we wear in care
by brianclare on Tue Dec 18, 2007 4:14 pm
what is the proceder to obtain your files whilst you wear under the care of social services local authorty and can you stop them from veting them just sunderland are now stoping persons obtaing files and how could acal help
Files whilst in care
by Admin on Tue Dec 18, 2007 7:18 pm
There are 2 routes to obtaining Social Care Records.
1. Under the Data Protection Act - one has an absolute right. The Council must provide them if they exist subject to arguing that it would be against medical advice to disclose them which is unlikely after all this time. They are allowed to delete 3rd Party references by blocking out names of persons who do not consent to their name being disclosed. This is obligatory under the Act.
2. If you want to see the deletions and you are in the throes of Legal Proceedings against the same authority you can apply to the court and argue that is in the interests of the litigation for you to see what is hidden. There may then be argument. The court will have to balance the interests of the litigation against the harm disclosure might cause you or the third party referred to. In fraught family situations, disclosure of the information can be very damaging to the people concerned. The interests of the litigation, however are paramount.
I hope this helps. Any ACAL lawyer can assist you with this problem. Public Funding is also available for a case in negligence.
1. Under the Data Protection Act - one has an absolute right. The Council must provide them if they exist subject to arguing that it would be against medical advice to disclose them which is unlikely after all this time. They are allowed to delete 3rd Party references by blocking out names of persons who do not consent to their name being disclosed. This is obligatory under the Act.
2. If you want to see the deletions and you are in the throes of Legal Proceedings against the same authority you can apply to the court and argue that is in the interests of the litigation for you to see what is hidden. There may then be argument. The court will have to balance the interests of the litigation against the harm disclosure might cause you or the third party referred to. In fraught family situations, disclosure of the information can be very damaging to the people concerned. The interests of the litigation, however are paramount.
I hope this helps. Any ACAL lawyer can assist you with this problem. Public Funding is also available for a case in negligence.