Should we with-hold the information using SI 415?
Depends whether or not the test in SI 415 is met. In the particular
circumstances of this case would disclosure prejudice the carrying out of
social work because serious harm to someone's health might occur?
Given that "The relationship broke down acrimoniously" the Foster Carer
could have made the remarks maliciously. Also, even if disclosure might be
upsetting to some or all of those involved would it be enough to fit the
description of serious harm?
I would be looking to discuss this with a senior manager in Social Services
who knew the case, the ex Social Worker and the Foster Carer involved -
and, possibly, involving a solicitor. Whatever decision we (jointly) came
to would have to be carefully documented in order to defend it if
challenged by a complaint to the ICO.
Regards,
Graham
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