Dear All,
I have been thinking about DP and Access to records legislation. What about a situation where someone wants to see a file note created on their account. I will give two different scenarios. The first is social care, the second is benefits.
In the first, someone calls social services and expresses concern to the care worker about a relative. They say that they are worried about how the relative's partner is treating them and concerned about that they are being cut off from their relatives. The phone call is noted and then entered on the social care file. Social worker visits the client. Client is told that someone has called expressing concern about her. The Client then becomes upset because she believes her family (or someone) is meddling and making slanderous or libelous allegations about the partner and asks to see a copy of the file note to seek legal action on the allegations.
The second is a couple split up and the husband moves out. However, he leaves no forwarding address and they remain joint owners of the home. Council tax comes due and the wife calls the council and explains that the husband moved on on x date so council tax should be reduced or he should be pursued for his half. File note is duly created noting the date husband vacated home. Husband is then pursued for his share. He seeks copy of file note wanting to know what it says and when it was entered. The content is simply that the wife informed the council that he left the home on the date nothing more.
Both have DP implications. In the first, I could see redacting the 3rd party information and still supplying the information i.e. enough so that they cannot identify the source. In the second, the 3rd party is known i.e. the wife so I cannot redact that in any way that the applicant would not know the wife submitted the material. For example, we have a note on your account showing you moved out on x date. What? Who told you that? I want to see the file note.
In the first I could proceed, but in the second would I be better using s.7(6)(a)? Or have I over analyzed the second and it is something that would be routinely disclosable in any circumstance?
Any guidance would be appreciated.
Thanks
Lawrence
Durham City of Culture - Back the Bid: register at www.durham.gov.uk.
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