have thought this goes on in our society? We wouldn’t think it, because
we don’t know it’s going on!
That’s about to change, we
have but one tool at our disposal, a tool even more powerful than social
worker’s having their day in court against hapless families, that tool
is The Internet a machine so vast it covers the globe in seconds. Maybe,
just maybe they have met their match. If you have been on the end of
“their justice” it is more than likely you have nothing more to loose,
please feel at liberty to tell it like it really is, name all involved, without revealing your identity.
NO to gagging orders, how dare they! We know its not in the interests
of the child, its in the interests of the perverse judgments and scrappy
evidence that could never stand up in a ‘proper’ court furthermore it
could cause a public outcry if it ever got out. We’ve had enough of the
injustice and the secret courts, this must end and it must end NOW, the
outcry is about to begin.
Its not enough to tell your story,
naming names is imperative if this is to have any impact, provide every
detail you have, car registration numbers, home addresses even add a
link to www.flickr.com with their
photograph. Create a profile on one of the many social networking sites,
they can’t afford to close them all, you will have maximum impact! The
more information you provide the more they will want to close the site,
the more they want to close it the more mirror sites will appear with
all the same information on them, this will hurt them make no mistake,
they won’t like the publicity and like we care? No longer can they get
away with the ability to hide behind the secret courts!
We have provided the means to “freely express” now you can have your say…
can make your “comment” anonymously or if you are in any doubt about
the traceability of your comment search for “Anonymous Surfing” and use a
proxy website or go HERE then
enter this Blog again by copy/paste nameshamesocialworkers.blogspot.com/
…then say your piece, your identity remains untouchable …the world
Our day will come…. as will theirs
Getting Access To Your & Your Children’s Social Services Files
You are entitled to have copies not just to view them! Remember to view them is free anyway
For any one asking for their copy ss files:-
Make sure you ask for:-
Copies of all records, handwritten AND computerised.
of all e-mails, faxes, letters, internal and external communications
etc. E-mails are very important. SS do not expect you to ask for
these. It is amazing what you can uncover.
Copies of all telephone messages
Copies of all internal memo’s.
Copies of all contact logs from any contact centres that you or your family have attended
of all “Running Sheets”. This is the day to day log of what is
happening in your case – (like a diary). You can tell if any are
missing as they are numbered. You MUST ensure you get copies of these.
Check them against the reports that SS have given into court.
a child is 12 or over, then he/she is considered Gillick Competent. The
law was set out in the case of Gillick (Gillick v West Norfolk and
Wisbech AHA  AC 112). It means that the child has sufficient
understanding in relation as to what is happening in a given situation
and has the capacity to take their own decisions. This gives a child who
is Gillick Competent the right to consent to medical treatment,
instruct legal representation, request records, etc. Therefore the local
authority may say that you are not entitled to have access to your
child’s records because he/she is old enough to request their own
records and is protected under the Data Protection Act 1989 under
his/her own right.
get copies of your SS files and your children’s ss files, you must
write a letter to the social services asking for copies of all
handwritten, and computerised data they have of you, including internal
memo’s, running sheets and daily logs. (Running sheets are a day to day
recording of what is happening and are very important). Make sure you
put in your letter “I am requesting this information under the Data
Protection Act 1998”. They have 40 days in which to reply. If not,
re-send a letter saying if they don’t reply within 7 days you will
report them to the Information Commissioner (Contact details below), as
they are in breach of the law.
Information Commissioner will ensure they give you the files, and
comply with the law. You are entitled to have copies of everything for
£10.00. Sometimes they say you can only view them with a social worker
present, but they know that this is against the law, and it is your
right under the Data Protection Act to have actual copies. You must
state this to them, if they try it on. Lastly, if there is information
from third parties in the file, they can still give it to you but must
write first and obtain permission from the person involved, i.e.. Health
visitor, doctor, etc.
YOUR RIGHT TO ACCESS YOUR SOCIAL SERVICE RECORDS
section covers your rights under the 1998 Data Protection Act, which
covers information from private and public bodies, and the Freedom of
Information Act 2000, which covers public bodies only. It is always
worth asking for information under both Acts, although the 1998 Data
Protection Act covers everything.
THE DATA PROTECTION ACT
1998 Data Protection Act gives all individuals general right of access
to the personal data which relates to them. These rights are known as
“subject access rights”. Requests for access to information about those
records are known as “subject access requests”. Personal data may be
computerised or paper records.
The Act gives a right of access to social work records which are held by any of the following:-
A local social services authority (England and Wales)
A social work authority (Scotland)
A Health and Social Services Board or trust (Northern Ireland)
request for information can be made by the person to whom the data
relates, irrespective of age, or by someone who is legally acting on
their behalf, e.g. a parent because the child is too young. Requests
must be made in writing to the local authority social services
department, and they have up to 40 days in which to respond. (It is
worth sending your request letter by recorded/special delivery otherwise
social services may say they have not received it).
are entitled to be given a description of the data, be told why it is
held, who it has been given to, any information about the source of the
data, and to be given an explanation as to how any automated decision
taken about you has been made.
You are entitled to have copies of the information for a fee of £10.00. Not just to view it.
Information which may be withheld:-
the information on a file identifies other people, then it will often
be right to remove that information unless the third parties have agreed
to the disclosure. (This is less likely to apply to information
identifying social workers or other social work professionals unless to
disclose it would cause them serious harm).
the disclosure of the information would prejudice the carrying out of
social work by reason of the fact that serious harm to the physical or
mental health of the data subject, or any other person would likely to
in the case of requests made on behalf of the data subject, by a person
able to exercise their legal rights; the data subject has expressly
asked that some or all of the information should not be disclosed or if
they have provided the social services department with information on
the assumption that it will not be disclosed.
If it will hinder the prevention and detection of crime or the prosecution or apprehension of offenders to provide it.
If access is denied:-
social services are denying you access to records, or have not
responded to your request within 40 days, if you are at court you can
apply to the judge for release of your data. You can also contact the
Data Protection Commissioner, who will investigate this for you and :-
Information Commissioner England
Telephone: 01625 545 745
Fax: 01625 545 510
view advice on how to make a complaint and download a complaints form
go to:- http://ift.tt/2dQcEz6
Information Commissioner Wales
2 Alexandra Gate
Telephone: 02920 894 929
Fax: 02920 894 930
Information Commissioner Scotland
28 Thistle Street
Telephone/fax: 0131 225 6341
Information Commissioner Northern Ireland
Room 101, Regus House
33 Clarendon Dock
Telephone: 028 9051 1270
Fax: 028 9051 1584
THE FREEDOM OF INFORMATION ACT 2000
Freedom of Information Act 2000, also gives people the right to access
information on them that is held by public authorities. Any person has
the right to make a request for information held by a public authority.
You should write to your local authority to see your records under the
Freedom of Information Act, and the authority must usually respond to
this request within 20 working days. This right came into force on the 1
January 2005. You are entitled to access to any recorded information
such as e-mails, minutes of meetings, recordings and reports held by
public authorities in England, Northern Ireland and Wales.
the local authority decides not to let you have access to the records
requests it must give reasons for the decision. Also, if they ignore
your request for information you can complain to the Information
Commissioner (see Data Protection Act for addresses)
ICO may serve a notice on the local authority either confirming the
decision made, or directing it to disclose the information within a
certain time. If the local authority do not comply with this it
constitutes contempt of court, and they are in breach of the law.
If you disagree with the ICO’s decision you have 28 days in which to take the matter to an Independent Information Tribunal.
For information on the appeals process please contact:-
The Department of Constitutional Affairs:-
Tel: 0845 6000 877
from Blogger http://ift.tt/2dQcFmr