Your personal 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.

You have a legal right to see your records, but you must make your request in writing. 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.

Please contact us with the following information:

• Your full name and any other names used in the past.
• Your address and any old address.
• The type of record you want to see, for example records when in care.
• The dates you are interested in, such as, the time you may have been in residential care.
• Copy of identification, such as, a utility bill, driving licence or passport.

The details you give will help us trace your records quickly and make sure they are the ones you want.

A copy of your records will be sent to you by recorded delivery. This will be within 40 days of getting your completed form.

In certain cases, you can be asked to visit one of our offices. This will be to discuss the content of your personal file with a social worker. You will then be given a copy of your file at the meeting.

• You must be specific about why you think the information is wrong.
• Tell us what you think we should do to correct it.
• Any request for your details to be corrected will be dealt with promptly.
• We will send a copy of the corrected information to you.
• You will be notified within 21 days of action taken.

There are three courses of action:

• Ask Adults, Health and Social Care to correct the information.
• Approach the Information Commissioner (see below) if you think that Adults, Health and Social Care has not corrected the information.
• Apply to the courts for an order requiring Adults, Health and Social Care to:
  • rectify;
  • block;
  • erase;
  • or destroy the data.

We will let you know, in writing, that you cannot have access to them. Normally, we will also tell you the reason why.

You will be asked to agree to the sharing of your personal information. You do not have to agree if you do not want to. We will not disclose any information about you without your consent, unless:

• We have a statutory duty to do so in preventing harm to you or someone else;
• or to assist with the prevention or detection of crime.

Sharing of information is covered by the Data Protection Act 2018. Adults, Health and Social Care in Calderdale complies with the rules of good information handling practice. This is known as the data protection principles. These require, among other things, that personal data is processed fairly and lawfully. Also, that it is accurate, relevant and is subject to appropriate security.

In principle, you have a right to see any personal information held about you. There are some exceptions to this rule, such as information that:

• Identifies other people (unless they have agreed to the disclosure).
• If disclosed, would cause serious physical or mental harm to you or any other person.
• If disclosed, would hinder the prevention and detection of crime, or the apprehension or prosecution of offenders.

Within Mental Health Services, records are held jointly between:

• Calderdale Adults, Health and Social Care;
• and South West Yorkshire Partnership Foundation Trust.

For more on how we share information about you, contact the Council’s Data Protection Officer at:

• Data Protection Officer 
  Calderdale Council
  Town Hall, Crossley Street,
  Halifax.
  HX1 1UJ.
• Email: information.management@calderdale.gov.uk

To ask for a complaint leaflet, contact: Complaints and compliments

Calderdale Council complies with the Data Protection Act 2018 and gives you a contact for any enquiries under the Act.

The Act is administered in the UK by:

• Information Commissioner's Office (ICO)
  Wycliffe House
  Water Lane
  Wilmslow
  SK9 5AF
• Telephone 0303 123 1113 (local rate) or 01625 545745 (national rate)
• Fax: 01625 524510.
• Email casework@ico.org.uk
• Website Information Commissioner's Office

We recognise the diverse needs of our residents and local communities and aim to:

• Make sure that our services are accessible to all;
• and delivered in a way that is appropriate, fair and sensitive.