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Social Services - adult care

Your right to know about your personal records

We record information that helps us and you, including:

• your name, address and telephone number
• your date of birth and where you were born
• the names of members of your family and their relationship to you
• important events and changes in your life
• medical details which help in providing care for you
• notes of services requested for you, and why
• plans agreed for providing care for you
• notes of what you and your social worker discussed at your meetings
• notes of meetings when your needs are discussed with other social workers, nurses, doctors or other relevant people who provide care services for you
• notes of face-to-face or telephone conversations your social worker has had about you

If you have questions about your records

Ask at the office where your records are held, we are always pleased to discuss with you your needs and circumstances and the services we provide to help you.

Your rights to see your personal records

You have a legal right to see your records, but you must make your request in writing, and there may be some information that we cannot show you because, for example it may:

• cause you, or someone else serious harm
• stop the police investigating or detecting a crime
• lead to problems with the courts

These are all unusual cases. Normally you can see what records we have about you. You do not have an automatic right to see anything recorded about other members of your family, or anyone else, even when these are part of your records.

Children's records

Children’s records are confidential in the same way as adults’ are. But if the child is too young to understand the content, or cannot understand, then parents or guardians may be allowed to see their child’s records if we are satisfied this will be in the child’s best interests.

Asking to see your records

• Address
• Complaints and Compliments Unit
  Health and Social Care Directorate
  1 Park Road
  Halifax HX1 2TU
• Telephone:
• 01422 393882
• Fax:
• 01422 393815
• Textphone:
• 01422 393849 

An application form will be sent to you requesting the following information:

• your full name and any other names used in the past
• your address and any old address
• any particular type of record you wish to see, for example records whilst in care
• any particular period you are interested in, for example the time you may have been in residential care
• copy of identification, for example a utility bill, driving licence, passport etc

This information you supply will allow us to trace your records as quickly as possible and ensure that the records you see are the ones of interest to you.

Charges

There is an administration charge of £10 for you to see your personal records. Please enclose a cheque / postal order with your completed application form, made payable to Calderdale MBC.

Seeing your records

A copy of your records will be sent to you by recorded delivery within forty days of receiving your completed application form. However, in certain cases you may be asked to visit one of our offices to discuss the content of your personal file with a social worker. You will be given a copy of your file at the meeting.

If you think your personal records are wrong

You will need to be specific about why you think the information is wrong and what you think we should do to correct it. Any requests for information to be corrected will be dealt with promptly and Health and Social Care will send a copy of the corrected information to you. You will be notified within twenty-one days of action taken.

There are three courses of action:

• ask Health and Social Care to correct the information
• approach the Information Commissioner (see below) if you think that Health and Social Care has not corrected the information
• apply to the courts for an order requiring Health and Social Care to rectify, block, erase or destroy the data

If you are not allowed to see your records

You will be notified in writing that you cannot have access to your records and will normally be told the reason for the decision.

Mental Health Records

Within Mental Health Services records are held jointly between Calderdale Health and Social Care and South West Yorkshire Mental Health Trust.

If you have a complaint

Ask for a complaint leaflet from any Health and Social Care office or contact the Complaints and Compliments Unit on 01422 393882.

Calderdale Council complies with the Data Protection Act 1998 and gives you a contact for any enquiries under the Act.

The Act is administered in the UK by the:

• Address
• Information Commissioner
  Wycliffe House
  Water Lane
  Wilmslow SK9 5AF
• E-mail
• data@wycliffe.demon.co.uk
• Telephone
• 01625 545745
• Website
• Information Commissioner's Office|

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