Brenda,
I had a similar issue a couple of months ago. I would suggest the following.
First, do you have a business as usual approach with access to care records or do you have everything through a formal mechanism of DPA? Depending on the context, I would advise BAU in the sense of the fluidity of the relationship between the social care giver and the care receiver. For example, if they are checking to see accuracy of information or trying to determine some historical information, I would be inclined to go with a BAU. If there is a specific issue, such as disagreement over a specific assessment or the action plan agreed at a meeting, then I would be inclined to a formal DPA approach.
Second, the age of the child is VIP. If in doubt, such as if the child is under 12 then check with the social worker to understand context of case and the content of the information. I say 12 only as a rule of thumb there is nothing legally binding on that number under the DPA. You may also need to consider the Gillick test (this is more whether they can understand the decision (and its consequences) relating to the medical care (but this can be used with DPA).
http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/technical_guidance_note_access_to_pupils_information_held_by_schools_in_england.pdf
Third, if it involves the children, I would recommend a discussion with the parents so that they understand what may be available to the children. If the children are old enough, they do not have a veto, but it is good practice to make sure all parties understand what a disclosure to the family may mean if this is something the parents are insisting upon.
Finally, I would recommend the ICO's guidance on this as it is very good. I found it useful in preparing my response
http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/sars_social_services_v1.0_260808.pdf
Best,
Lawrence
P.S. All the above is based upon the good advice on list and off list provided by others on the list.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 03 May 2011 10:07
To: [log in to unmask]
Subject: [data-protection] When does it become a SAR ?
When does a request for personal data or copies of it become a SAR ? If foster carers request information recorded on thier file about themselves and their children, would this be dealt with as a SAR with our form being completed and payment of the fee of £10.00 ? Also, with consideration as to whether the children are of an age to make their own request ? The data could just be notes made by the social worker in charge of their case.
I'm afraid after 11 days off my brain is slow to get into DP mode again......
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