Hi Brenda
You may find my article on access to dead peoples' records useful:
http://www.informationlaw.org.uk/page13.htm
On 16 Apr 2009, at 13:08, Brenda Scourfield wrote:
> This is the scenario. Daughter disputes mothers will which was
> executed in
> 2003. She does not think she was of sufficient capacity to make the
> will.
> Letter received from Solicitors asking to see care records for the
> deceased
> lady to ascertain what her circumstances and capacity were at the
> time and
> whether the care she received from Social Services would indicate
> she did not
> have the capacity to make the will.
>
> I would guess that there are references to living individuals in the
> file (other
> than those performing their official caring duties).Also, possibly
> opinions on the
> lady’s condition as opposed to facts – but I am only guessing.
>
> Could the solicitors claim exemption Section 29 – prevention and
> detection of
> crime (which they haven’t) ? What is our situation regarding
> disclosure of
> data regarding a dead person to whom the DP Act does not apply, but
> duty of
> confidentiality might ?
>
> I’d be grateful for any opinions.
>
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Regards
Ibrahim Hasan
Solicitor and Trainer
www.informationlaw.org.uk
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