Justice For Families

Hi

I applied for my records from SS, they refused stating it would be "inappropriate due to the ongoing criminal investigation" I emailed the ICO (Data Protection Commissioner) on the 18th Feb to complain but haven’t heard anything back yet?

Any advice?

My sister applied for hers & was given stupid excuses such as they received the money but not the letter, even though it was in the same envelope & send via recorded post, then they basically ignored her for 6 months.

I brought up the issue in the Royal courts of Justice & the papers came through a few days later, with a letter saying there was an hiccup with the admin at the governance office (yea right), maybe you should mention it at court (if you have ongoing cases or a case coming up soon)

Ask them why it would be inappropriate - it sounds like you have not been convicted of anything just yet and you are right to put in a complaint to the information commissioner.
Send all letters recorded delivery.

I do send all letters recorded and guaranteed next day.

Perhaps I should follow up my letter to the ICO?

Hi Lily,

The ICO have a long waiting list. You and thousands of others have the same problem.

Provided you comply with the statutory regs of the council keeping the info , they CANNOT keep it from you except if your children are near to being adults in age then you will need written permission from them. I reiterate they cannot keep this from you.

If you need any help on this pm me. I have experience in this.

Hi Lily,

I am going through the same type of situation. I applied to the Council in Sept and am still waiting.... They contacted me 56 days later to inform me that I hadnt shown ID which didnt stop them from cashing the cheque funnily enough.

The ICO have a huge backlog of complaints and it takes them some time to even acknowledge your email.
Give them a call on their helpline number and they will tell you their latest reply times.

They have always been helpful with us.

Thank you Husky, I'll do that.

ITOLD THEM I SUE THEM IF THEY DONT GIVE IT TO US,,,,BUT AT THIS TIME STILL FIGHTING THEM FOR IT.....LIKE ALL OTHERS THEY USE LIES TO KEEP YOU FROM IT

DORM

I first wrote to my Local Authority asking for our records in January.
Here is the main part of their latest letter received in November.

"Subject Access Request (Access to Records)

Further to the above request I would first like to apologise for the delay in responding to you. However, this was out with my control.
Having received advice from our professionals involved in your children's ongoing case, I am writing to inform you that on the basis of this advice I am unable to process your request.

On the basis of the above, I will now close your request.

Yours sincerely,"
I have written recorded delivery to the Information Commissioner, but have yet to receive any reply.
What can I do now?
bitsofwood

According to the European Court people are supposed to get their records without having to ask for them or get a court order.

Excellent news, Mr Hemming, but what can I do now?
Must I try to get a court order nevertheless, or is the Information Commissioner my only route?
bitsofwood.

Phone the Information Commissioner and check to see that he got your letter. When they have confirmed that they got your letter, polity ask that they offer you written confirmation of when they received your letter.

Also ask the information commissioner to give you written guidance of procedures that you need to follow, to get a court to make an order in your favor, ordering the LA to make the disclosure.

If you get as far as asking the court to enforce the laws that the LA should be following, make sure that the wording on the court order makes the court order enforceable, there are time limits imposed for the LA to respond and that the LA be invited to make an application to vary the order by a certain date. If they can't comply with the court order, there is a time limit for them to respond, if they fail to respond, they have an additional hurdle to overcome.

what do i say to the court plz dorm

http://www.ico.gov.uk/complaints.aspx

If you think an organisation has failed to comply with the legislation we regulate, we may be able to help. This section will tell you the types of complaints we deal with and how to complain to us. It also explains how you can expect us to handle your complaint, and how to complain or compliment us about our service.
.
Satisfied with our service?

We aim to give the best possible service to all our customers in all of the services we provide. We publish information about the service standards you can expect in some of our key business areas. You can also get this information from our Helpline on 08456 30 60 60 or 01625 545 745. If you are dissatisfied with our service, you can complain. You can also let us know if you think there is something we have done well.

[Give them a call on 08456 30 60 60 and see if they'll contact the SS directly. I think the ICO use a tribunal rather than a court, so if they call your SS, that should do the trick.]

There may be an exemption to access to personal data by data subjects where the personal data

* are part of a confidential reference given by the data controller
* are subject to a duty of confidentiality, eg confidential references provided to the data controller
* are subject to legal professional privilege
* are being used to investigate crime or detect fraud
* are being used for management forecasting or planning
* are part of negotiations which would be prejudiced if disclosed
* are, in the opinion of the data controller or of independent professional advice, likely to cause serious harm to the physical or mental health of the data subject or another person

* relate to health, education and social work, and are processed by a court and consists of information supplied in a report or other evidence to the court by a local authority

Good luck!