Freedom of Information

[EarthMotherImNot]

Looking for advice on what rights we have to see information held about us.

We recently resigned as LA foster carers and we would very much like to see our file.

Is it just a matter of requesting the information?

Under the Data Protection Act they have to show you all the information they hold on you, although they can obviously black out anything which breaches someone else's privacy. If you submit an FoI request it will be treated as a DPA subject acceess request so you still get the same information.

Yes, though they can charge a set fee for DPA requests (I think it's £12 now), whereas for FOIs they can't though they could charge for photocopying etc. But not if they just email stuff or you view it in their office.

FOI would cover stuff that relates to the LA's policies and statistics on fostering.

For an FOI request they can also charge for the time it takes someone to determine if the information is held, locating and retrieving the information and extracting it, including editing it if necessary.

If you make an FoI request and the LA decide it is really a DPA subject access request you will be charged as if you had made a DPA request in the first place.

It's data protection you want - we (NHS) wouldn't release any personal information under FOI. FOI is for info that the public have a right to see - not your personal information.

Thank you all, sorry I had to be away from the computer for a while.

So do I request to see our file under the data protection act rather than the FoI?

Data Protection Act covers all personal info - so, for example that covers your case files etc. FOI covers non personal information so for example statistical records, policy decisions etc. There is normally a fee of around £10 (may have gone up -I've been away on mat. leave) to see info under the Data Protection Act - you will normally also have to fill in a form explaining what info you are looking for (for example a council might hold info in loads of areas about you but if your only interested in education records then you state that). Under the DPA the organisation should respond with the info in 40 days for FOI its 20 working days. Big organisations such as the NHS/LA's etc will often have info about accessing your records on their website (or should do!).
Hope this helps.

Thank you Makinglists, that is a big help