What happens next
The service will consider your request and determine what information can be shared with you.
We will provide you with a written response setting out what information we can provide and where applicable an explanation of what we cannot share.
When determining what information can be provided in response to your request, we will consider:
Express refusal by the deceased individual
If we hold evidence that records a clear wish by the deceased regarding who could or could not have access to their data when they were alive, we must take that into account when considering a disclosure.
Information accessible by other means
For example, where an open session at a court or inquest has been held this would not need to be disclosed.
Although there is a presumption that most personal information in social care records is confidential some may already have been made public. For example, the cause of death is included on the death certificate which is a public document.
Personal data
Information relating to a deceased individual may also contain personal data relating to others known as third parties. Third party data may relate to relatives, carers, other users of our services, staff, and other professionals.
The use of personal data relating to living individuals is governed by data protection legislation. Information of this nature will not be made available to you if doing so breaches our data protection duties.
Confidentiality
Most requests we receive for access to information about deceased individuals concern information that is inherently private in nature, especially where it is contained in social care records. Information we hold about deceased individuals may attract the common law duty of confidentiality.
If we believe that disclosure of the deceased’s information would likely to give rise to an actionable breach of confidence then the request may be refused.
Decisions made in previous legal cases have established that the duty of confidence continues after death and that this can be transferred to the personal representative.
If we can establish, in principle, that a personal representative might exist who could take legal action against any breach of confidence the request may be refused.
Health Records
Access to medical or health records relating to a deceased person is governed by law.
This legislation does not apply to the council so to gain access to this information you will need to contact the deceased’s GP or relevant health professional involved in the deceased’s care.
Freedom of Information Act (FOI)
Any information that would be exempt from a disclosure under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004 is likely to be withheld.
If you are not happy with the way that your request has been handled, you can make a complaint.