Seeing Your Records

Your right to access your personal records held by Bath & North East Somerset People & Communities Department

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

How do I arrange to see my records held by the People & Communities Department?

The GDPR gives you a legal right to apply to see information held on you. This is called a Subject Access Request. If you would like to see your records you will need to put your request in writing to the Data Protection and Complaints Officer. You can do this using the contact details below:

Bath and North East Somerset Council

Complaints & Data Protection Team

People & Communities

Lewis House

Manvers Street

Bath

BA1 1JG

complaints_cypandadults@bathnes.gov.uk

When you write to us, please tell us:

  • Your full name and address (please include 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 you can ask us for help. If you need your records in a different language or format please let us know.

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

We will also need you to provide copies of two forms of identity, to confirm that it is you who is making the request. We normally ask for two documents, one from Column A and another one from Column B as in the table below. These can be sent to us as a photocopy, scan or photograph.

Column A

Column B

Birth Certificate

Drivers Licence

Passport

A utility bill or bank statement showing your current address.

Examples of these bills are

A Council Tax Bill

Phone Bill

Water, Gas or Electricity Bill

Please contact us if you need to discuss what identification you can provide and how.

Access to Adoption Records

Adoption records are governed by separate rules. If you are interesting in gaining access to adoptions records please contact the Duty Social Worker in the Family Placement Team. Their telephone is 01225 395332.

What happens after I make my request?

We will acknowledge your request within 5 working days.

It may take up to 30 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.

If your record is particularly large and complicated the number of days to disclose your record can be extended to 90 days in total. We will contact you to let you know if this is necessary, and explain why.

When we have prepared your records we will provide you with a copy for you to keep.

Can I see what has been written about me by other organisations and people?

Yes, but only if those organisations or other people agree. If they do not agree for us to share what they have written we may need to remove this information.

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.

What if I think information in my records is wrong?

If you think the information is factually inaccurate you have the right to request this is amended. If it is not possible to change the information, it may be possible to include your views on the file. Please contact the Information Governance team to do this.

Their contact details are:

Information Governance

Risk and Assurance Services

The Guildhall

High Street

Bath

BA1 5AW

data_protection@bathnes.gov.uk

Can you refuse to let me see my records?

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

  • Could cause serious harm to your own 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

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 Information Commissioner or the Courts.

The Information Commissioner can be contact at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

0303 123 1113

https://ico.org.uk/

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