Social Work Court ReportsOn your final point, "What liability extends to my
organisation should the court release the report where this disclosure
causes damage/distress?" I would have thought none.
You presumably will state to the Court why the information should not be
released.
I would only imagine that you are liable as an organisation if the
organisation behaved improperly. The Court will be responsible for any
distress caused.
I am not a lawyer!
Nick Landau
Nick Landau's Profile on LinkedIn.com
http://www.linkedin.com/in/nicklandau1
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----- Original Message -----
From: Ronan Durnin
To: [log in to unmask]
Sent: Tuesday, July 10, 2007 9:47 AM
Subject: [data-protection] Social Work Court Reports
Morning folks,
I've got a lovely query for you all!!
Sometime ago I received a subject access request seeking access to social
care records. I followed all the necessary procedures to deal with such a
request. One interesting point to come out of this was that a report written
by our staff for court could not be disclosed without leave of that court to
do so. The court in question confirmed this in writing to me and I did not
release the report on that basis.
The report relates to a very difficult situation with very real risks of
damage and/or distress being inflicted upon other parties involved in those
proceedings.
Now, the data subject has instigated legal proceedings to get access to that
report. I have been notified by the court that the data subject is seeking
access to the report. On the basis of previous correspondence from the
court, it looks like the court will take the decision on releasing the
report.
My query to you is:
With the court taking the decision regarding disclosure of the report, do I
have an obligation to advise the courts of any damage/distress that will
arise from the disclosure of the report? What liability extends to my
organisation should the court release the report where this disclosure
causes damage/distress?
Any thoughts would be much appreciated.
Ronan.
========================
Ronan Durnin
Business Support Officer
NIGALA
79 Chichester Street
Belfast
BT1 4JE
(02890 316557 DDI)
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