Records The best use of a tenner

Records, Records, Records  

 Hello baby, hello records. The moment we are born a paper trail starts, though nowadays  a computer trail starts as well. I really do wonder how much is held by different organisations on individuals.

For those families involved with Children's Services , Cafcass or problems with education providers etc records take on an immense importance as they are used in evidence against them in court. However there are national standards of record keeping                                                                                                                                                                                                          Social Services Inspectorate report  1999 set out 6 national standards in case recording . A summary of the standards is as follows:

Standard 1 Case recording should be seen as being part of the overall service to users and carers, with the views of service users clearly recorded and with service users receiving copies of records such as assessments and care plans

Standard 2 The quality and content of case recording reflects good professional practice as well as social care policy and guidance

Standard 3 The purpose of case recording, together with underpinning principles and legal requirements, should be set out in the policies of the organisation

Standard 4 The agency should have guidance on, and systems for, receiving contributions to case records from external sources, and the appropriate sharing of such information received

Standard 5 Good practice in equal opportunities should be reflected in the case record

Standard 6 Management arrangements need to ensure that the practice of case recording meets accepted good professional standards as well as the policy and procedural requirements of the organisation

If that's a bit dry , try this

 Data Protection, Confidentiality and Access to Files

The Data Protection Act (DPA) 1998 covers both paper-based and electronic records. It affects anyone who processes personal data and all organisations are under legal requirement to ensure that all staff comply with the legislation.

The DPA sets out 8 principles relevant to 'Recording Matters' as follows:

All personal data must be:

Processed lawfully;

Held and processed for only one or more specified and lawful purposes;

Adequate, relevant and not excessive in relation to the purposes for which it is processed;

Accurate and where necessary kept up to date;

Kept for no longer than is necessary;

Processed in accordance with the rights of data subjects under the Act;

Protected by appropriate technical and organisational measures to prevent unauthorised or unlawful processing of data or loss of data through accident or damage;

Not transferred to a country or territory outside the EU unless the receiving country ensures an adequate level of protection for personal data.

In addition, 6 'Caldicott' confidentiality principles stem from case law, namely:

Justify the purpose of recording data;

Do not use personal data unless it is absolutely necessary;

Use the minimum necessary personal data;

Access to personal data should be on a 'need to know' basis;

Everyone with access to personal data should be aware of their responsibilities;

Understand and comply with the law.

The most important bit

The upside of all these records that are held about yourself and your family is that they are accessible for a maximum of a tenner per person. They are very, very useful.
There is a template from the ICO.

There are exceptions to access

Where the practice of social work would otherwise be prejudiced because access to the information would be likely to result in serious harm to the person requesting the information or some other person;

Where the person is incapable of managing his or her affairs (for example where the person is a child) and the information was given in the expectation that it would not be disclosed or is information which the subject of the information expressly indicated should not be disclosed; 

Also access can be refused if:
To disclose the information would involve disclosure of information about someone else without that person’s consent and disclosure cannot be justified without that person’s consent; or where disclosure may prevent the detection or investigation of a crime.

Access can also be refused if an identical or similar request has been received from the same person and already been complied with, unless a reasonable interval has elapsed.

These exceptions do not permit the total withholding of information but only those sections of the material covered by the exceptions. The remainder of the case records should be made available to the service user.

However

The exceptions do not apply where disclosure is required by a Court Order or is necessary for the purpose of or in connection with any legal proceedings. 

In addition, a Court may prevent disclosure of information where a person shows that he or she would be caused serious harm to his physical or mental health by the disclosure.