Subject access request

[Lotsofgin]

Hello,
Is it possible to ask for a subject access request on a third.
The third party has passed away.
We were advised to do so but are now being told it's not possible.
Thank you

No, you can't do a subject access request on a third party. You can only request information held about you.

Depending on what you are requesting and who holds it, you may be able to get the information you want via a Freedom of Information request.

I made several SAR regarding a third party who subsequently passed away. The person had dementia and I had POA while they were alive and was then executor after they died. All my SAR were granted.

Thank you I don't want to go in to details but it's the police, and we want everything thing they have regarding the deceased person.

Guidance to the authorities is that they must treat an SAR as an FoI request when appropriate and vice versa. So you made SAR requests, but the authorities handled them as FoI requests.

@prh47bridge do you think I could do a fol to the police for the footage/information I need

You can certainly try but that doesn't guarantee you will get it. It may be covered by one of the exemptions.

@prh47bridge I am sure it will be, anything to stall it seems

OP, depending on the context, it may be possible, if you are contemplating a claim of some sort, to seek disclosure as part of the pre-action process. If you are unrelated to the third party and have no formal role (eg executor or administrator of their estate) the police won't release the information under FOI or "business as usual" (the catch all phrase used to describe where an organisation is feeling helpful but can't identify the precise statutory basis for releasing info)

@JennyMule we have heard back they won't supply the information we want under the fOI or SAR.
So how does one go about getting this information from the police.
Surly with out this evidence it is the officers word against ours ,they can and will deny all of our complaints.
We are at a loss now

Just to add I am related to the person we are trying to get the information on

As JennyMule says, if you are intending to take action against the police it may be possible to seek disclosure as part of that process. If you want the information for some other reason, it is unlikely you will get it.

@prh47bridge the complainant has gone in, originally we were told we could see the footage/ records but then we were told the complainant manager had got it wrong.
The same manager told us we needed a SAR, which again was wrong.
So We tried the FOI which was refused.
How would we now go about getting it disclosed?..Are we going to need a court order to gain access to this information .
Its already a deviating situation and I can see why people just give up

Why do you want this information? Are you planning to take legal action against the police?

I am sorry for your loss. I know that you said that you are a relation of the person who passed away but are you their next of kin?

I want the officers involved to be investigated for misconduct properly, at the moment they are just denying the events happened.
Which is untrue.

Why not just make a complaint to the IOPC. They can investigate on your behalf.

Can you try the police complaints commission or whatever they are called, or your local MP. I doubt it is up to you to request a misconduct charge unfortunately.

If your relative was harmed by the police can you get information from the hospital about any injuries or anything relevant.

They will need to go through the Access to Medical records process and this can be limited to specific parties. Gatekeepers are rightly risk adverse and you will need to make your case in the right way or they will reject the request.

www.nhs.uk/common-health-questions/nhs-services-and-treatments/can-i-access-the-medical-records-health-records-of-someone-who-has-died/

There is an entire organisation whose remit is to investigate complaints about the police. They have extensive powers and experience to secure evidence.

We were told that the complainant first had to go through the police force it was regarding ,to investigate before IOPC would.
But I will look in to that again, would save a lot of stress

Hi OP.
You won’t be entitled to the footage or information, whether you are related or not - as you describe yourself as a third party I assume you didn’t have parental care or were a next of kin to be so close as to have a chance to get it..?
Ive had a similar situation, albeit with the NHS.
Im not allowed to see any information that identifies the man who assaulted me - not from the NHS of the police.
Im taking legal action and they’ve refused access to certain information under legal privilege.

I don’t know your situation but is there a coroner’s inquest to take place?

there will be a way to make a complaint but again I don’t know how far you will get unless you were next of kin or a parent of a child who has passed away.

I’m very sorry for your loss.

Sorry for the typos, my wrist is playing up..

Hello again. Hoping someone can help with my further questions about police complaints.
So we were unable to view all the footage we requested as they delete it after 28days if it's not part of an investigation ( seems pretty fucking convenient).
But did manage to see some from another part of our complaint.
We have received the outcome of our complaint and are quite frankly disgusted by their answers. We knew they would lie and disregard everything but it's still a shock.
So my question is , is our only option now to review or appeal it, has anyone got experience of this process and will it have the same outcome .
Can we do anything else.
IOPC referred our complaint to the police that we are complaining about and they have investigated it internally, and come back saying they did nothing wrong.
It's not good enough.

I have no legal qualifications but sadly do have some limited knowledge of these matters.

I believe you can now ask the IOPC to review the report but they dont reinvestigate as such but ensure report was dine properly without buas etc.. You will be asked if you have any other information you wish to submit. Its ridiculous that the police are allowed to investigate themselves.

If you are not happy with outcome from IOPC the only redress seems to be a sucessful judicial review which is insanely complicated and expensive. Basically the police are really good at covering their own backsides and always come up with a reason not to provide information. One of their favourites is to send a letter saying they can neither confirm or deny whether they hold this information!

You can try taking the police to court to force them to comply with your SAR but its barely worth it as even of you win, they will redact the paperwork so heavily it will be rendered almost meaningless. ( I think it's part 7 or part 8 claim form you need but best not done without legal advice)

Basically, it's sh*t.

It genuinely is shit, I still can't fathom how they can lie like this, they are all covering each other.
I've not seen the report with their response as my mum has it,and to be honest I'm not sure how much more I can take, but I've read we have 28 days from the date on it to ask for a review or appeal.
Would we then ask IOPC to review it separately as well?.
I doubt we could afford that.
I am so angry and disgusted I'm tempted to go to the media , given all their recent media attention about their treatment of women.