Bath and North East Somerset


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2.4 Requests to Share Information

AMENDMENT

This chapter was reviewed and updated in July 2015 when nomenclature of the Data Protection Officer was changed to Advice and Information Officer. It was also clarified, in Section 4, Requests from Other Local Authorities that requests by individuals to access their own records must be sent to the Complaints Manager.


Contents

  1. Subject Access Requests (SARs) made under the Data Protection Act 1998
  2. Requests to Share Social Care Records from Avon and Somerset Constabulary and the Crown Prosecution Service
  3. Requests from CAFCASS/OFSTED
  4. Requests from Other Local Authorities
  5. Disclosure and Barring Service (DBS)


1. Subject Access Requests (SARs) made under the Data Protection Act 1998

The Advice and Information Officer will deal with all SARs where the case is closed.

The team/allocated worker should deal with SARs where the case is open. As this is a specialist area the Advice and Information Officer will provide advice and guidance wherever possible.

If you receive an enquiry from someone wishing to access their files you should make them aware that they will need to put their request in writing to the Advice and Information Officer. They will receive an acknowledgment providing further information about the timescales and the ID required.

Please note: if the request is for the record of an adopted person (as opposed to their care records) this should be referred directly to the Family Placement Team.

A copy of the information sheet ‘Seeing your Records - Your rights of access to your personal records held by Bath & North East Somerset Children’s Service’.


2. Requests to Share Social Care Records from Avon and Somerset Constabulary and the Crown Prosecution Service

Bath and North East Somerset has signed a joint protocol between Avon and Somerset Constabulary (ASC), the Crown Prosecution Service (CPS) and neighbouring local authorities which provides a standardised process for sharing information for the purpose of the prevention and detection of a crime and/or the apprehension and prosecution of offenders.

You can forward a request from the ASC or the CPS to the Advice and Information Officer and she will process it under the joint protocol.  

Please note: Referrals from the Police about individuals giving rise to potential, current child protection concerns should be dealt with in accordance with local child protection policies and procedures. 


3. Requests from CAFCASS/OFSTED

Requests for information from CAFCASS in relation to Court proceedings,  requests for information from OFSTED regarding children and other checks regarding potential child-minders, foster carers, and lodgings providers are dealt with by the Advice and Information Officer.

CAFCASS/OFSTED should be asked to send the request using secure email to: childcare.duty@bathnes.gcsx.gov.uk


4. Requests from Other Local Authorities

Requests received from a local authority working with someone who was previously known to Bath and North East Somerset will be dealt with under the Data Protection Act 1998 and requests on all closed cases should therefore be referred to the Advice and Information Officer. Requests relating to open cases should be dealt with by the team/social worker. Requests by individuals to access their own records must be sent to the Complaints Manager.

Requests which require someone to provide an opinion or interpretation of  the information held cannot be dealt with under the Data Protection Act 1998 and will be referred back to the relevant team/duty worker. 


5. Disclosure and Barring Service (DBS)

The Disclosure and Barring Service (DBS) replaced the Criminal Records Bureau and the Independent Safeguarding Authority in 2013. Any disclosures which raise child protection issues should be referred to the Local Authority Designated Officer (LADO)/Designated Officer before approval. Requests for information in relation to a DBS disclosure should also be referred to the LADO/Designated Officer.

End