We keep records on all the people who use our services. In this leaflet we explain your rights to see your records and how you can go about doing this. Why keep records?

We have a duty to keep records and we have to keep details of your needs and circumstances to make sure you get the help and assistance you require. We also need to keep a record of the work we do with you.

What sort of information will be kept?

This will depend on your circumstances and the kind of services you need. We will only ask for information that we need in order to provide you with services. If you are not sure why we are recording information, please ask.

Sometimes information from other people such as doctors may also be kept on your file.

How are these records kept.?

On written files or on computers. We have a duty to keep records confidential and only people who are authorised to see them can do so. If you would like more information about confidentiality, please ask for leaflet 'Confidentiality in Bath & North East Somerset Social Services’.

How do I arrange to see my records?

You will need to put your request in writing, to the last Social Services office you have had contact with or to any Social Services office. See the last page of this leaflet for details.

In your letter please tell us:

• Your full name and address including any old addresses where we may have known you

• Your date of birth

• The service you received from us

If you find it difficult to write a letter you can ask us for help.

If there is a particular issue or question you want to know about please tell us. We may be able to reply to this kind of query more quickly.

Can I see what has been written about me by other agencies /professionals?

Yes, but only if those agencies/professionals agree.

What happens after I make my request in writing?

We will acknowledge your letter within 5 working days.

It may take up to 40 days to disclose your records. This is because we have to follow strict legal rules. For example, if your records contain information about other people we have to ask them if they will agree that you can see it.

You will be asked for proof of your identity e.g. passport, driving licence, benefit book or similar official document.

You will be invited to one of our offices to see your records, in private. A member of staff will stay with you to answer any questions. If you need your records in a different language or format please let us know. You can bring someone else with you to see your records if you wish.

What if I think information in my records is wrong?

Tell the person you have been dealing with. We will talk this over with you. We have a duty to put right information which is wrong within 21 days. If you and Social Services staff cannot agree as to the accuracy of information on the file, we will not change the information, but will put a note on the file that you do not agree with it.

Can anyone else see my records?

Only if you say they can. If you want someone to see your records on your behalf we have to make sure that you want this to happen.

Can I have a copy of my records?

Yes. We do not charge a fee for this at the present time (September 04) but this may change in the near future..

Can you refuse to let me see my records?

Yes, in some cases we cannot by law disclose records and there is some information which we do not have to disclose. For example, we may not disclose information if it:

• Could cause serious harm to your or anyone else’s physical or mental health

• Could reveal another person’s identity

• Is being kept for the detection, apprehension or prosecution of crime

• Is about your adoption

Access to adoption records

Adoption records are governed by separate rules. If you are interested in gaining access to adoption records please contact the Duty Social worker in the Family Placement Team, telephone 01225 395332. Information is also available at http://www.gro.gov.uk/gro/content/adoptions/

Do I have any right of appeal?

Yes, if we refuse to give you access, or refuse to correct information you think is wrong, you have the right of appeal to the Data Protection Commissioner or the Courts. The Data Protection Commissioner can be contacted at:

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

Enquiry Line 01625 545745

Website: http://www.dataprotection.gov.uk/

Requests made on behalf of an adult lacking mental capacity.

If a person lacks capacity to manage their affairs, a person acting under an order of the Court of Protection or acting within the terms of a Registered Enduring Power of Attorney can request access on their behalf. Having a mental disorder does not necessarily mean a person is not able to deal with their own affairs.

Deceased Persons

There is no right of access to the records of people who have died, because they cannot give consent.

Your local Social Services offices are:

Lewis House Manvers Street Bath BA1 1JG Tel: 01225 477000 Tel: 01225 477815 (minicom)	The Hollies High Street Midsomer Norton BA3 2DO Tel: 01225 477000
Social Work Department Forbes Fraser Unit Royal United Hospital Bath BA1 3NG Tel: 01225 825308	Keynsham Town Hall Keynsham Bristol BS31 1NL Tel: 01255 477000

If you need this information in another format please ask.