How to make a request for a copy of your personal information FAQ's
How do I apply for my personal information?
You can make a request online at complete the personal information request form
Or Write to us:
Information Governance team,
Warwickshire County Council,
Shire Hall, Warwick, CV34 4RL
We should respond to requests within one calendar month unless notified otherwise. We can extend this for a further two months if your request is complex.
What do I need to provide when applying for my personal information?
We need to confirm the identity of someone applying for their personal information to check that we are only releasing information to those who are allowed to receive it.
To do this, we need to see 2 forms of identification, confirming name and address, one from each list below.
Identity documents list 1 –
- Passport
- Driving licence
- NHS Medical Card
- Identity card issued by a recognised local employer
Identity documents list 2–
- Bank Statement (dated within a year)
- Council Tax statement/payment book (dated for current year)
- Gas, Electricity or Water Bill (dated within last 6 months for your current address)
- Fixed Line Telephone Bill (dated within last 6 months for your current address)
- Council or social landlord rent book
- Allowance/benefit/pension book
NOTE: We cannot accept mobile phone bills or birth certificates as identification.
Please do not send original documents as we are unable to return them. Good quality copies are adequate if you are uploading using the online form or sending by post.
If I want my information, what should I include in the request?
Include as much detail as possible to identify your records, including:
- your full name and current address
- date of birth
- contact email and phone numbers
- any previous names
- any siblings' names if you are looking for children’s care records
- any previous contact addresses.
- the service you received from the council including any relevant dates/time periods
It is helpful if you describe the information that you are looking for. For example:
- adult social care record
- child social care record
- CCTV in council premises
- HR record if a past/current employee
If you are looking for any particular information, it helps if you make this clear. Asking for 'everything you hold' could mean that your request is delayed whilst we ask you to provide more detail.
What if I want access to my child(ren)’s personal information?
There are special rules that apply to a parent/guardian seeking access to their child(ren)'s information. If the child can understand the significance of the request (usually at secondary school age or above), their consent may be required before any disclosure is made to a parent/guardian. This is because the legislation deems them to have the necessary legal capacity to make an informed decision about what happens to their own personal information. Please note that the child’s decision will take precedence over the wishes of the parent/guardian.
However, if they are too young or lack the capacity to understand the implications of a request, in addition to providing your identification, you must also provide evidence of parental responsibility.
If it is in their best interests and there is not any legal reason preventing disclosure, the information will be provided.
Can I request information on behalf of someone else?
Yes, you can, but you will need to enclose their written or signed consent. If the individual is not capable of giving their consent, you will need to provide legal documentation such as power of attorney documentation to confirm evidence of your authority. We may need to consult with the team involved if the case is open.
What happens if I want to receive a referral to Social Care made about me?
If the referral has been made by a member of the public to Social Care about you, we will not release this information to you. Even if the referral has been made anonymously, this is because of the risk that you would be able to identify the person who made the referral which would breach their data protection rights. It is also because the information will have been provided to the Council with the expectation of confidence.
What happens after I make the request?
Once the Information Governance Team receive your request, it will be checked to see if your request is clear enough and if we have everything we need to proceed. If this is not the case, you will be contacted by the team to ask for more detail. The processing of your request will not begin until you reply, and we are satisfied we have everything we need to start your request.
Is there a fee for making a SAR?
No. If you are applying to access personal information held by Warwickshire County Council you will not usually be charged for this service.
Can I see or have access to someone else's personal information?
No, you are not entitled to see someone else's information (even if they are known to you) unless they have given their written permission for you to do so. Likewise, someone else cannot ask for your information unless you have given permission for them to do so; this applies to spouses, relatives, friends etc.
Care Experienced Young People
A Subject Access Request (SAR) is unlikely to answer questions about why you were in care or provide you information about friends and family. It will only provide access to the information which applies to you; it will not provide information about anyone else.
This is because any information about close family such as parents, brothers and sisters will be classed as third-party details and by law, it will most likely need to be redacted (removed or blocked out) before it is provided to you. Therefore, it is likely to provide you with an incomplete picture containing many gaps.
For people who have a current relationship with a social work team, it would be better to ask any question you have about your life history direct with the social worker so that they can share any relevant information with you.
How long will it take to receive the information?
The legislation requires the Council to provide you with a copy of your information within one month of receiving your valid request. This involves an officer from the Information Governance Team reading every page of information which has been provided by the relevant service(s), to determine what can or cannot legally be provided to you.
If your request is complex, we are allowed to extend this by two months, and we will tell you if this is the case. For most requests involving social care records a 3-calendar month timescale will apply due to the complexity and sensitivity of the information involved.
How will you get the information to me?
We will send your information to you electronically by encrypted email, instructions will be provided on how to access this email. Information will be sent to the email address provided on your original application form.
In exceptional circumstances it may be possible to arrange an alternative method of providing your information however, this will be subject to the volume of your information and any outside circumstances beyond our control.
Why have you not given me any information?
There are rare occasions when we do not have the personal information you ask for. This could be for several reasons, for example no information about you could be found - because the records are no longer held. If we do not have the information, we will let you know.
This could also be because you are not entitled to the information that you have requested; we will let you know this in our response.
Why has some information been greyed out?
There are several reasons why some information may be blocked out (redacted), for example -
- If your records contain details that identify someone other than yourself (even if they are known to you). If we do not have their consent, we are unable to provide this information to you.
- If your records contain information that was provided by a third party, we may need to get permission from the provider of the information before it can be given to you.
- If the records can identify the source of information and we do not have the relevant consent from that person.
- If the information is legally privileged.
- Or the information may fall under another of the exemptions under the legislation. Further details about exemptions to disclosure can be found on the Information Commissioners website ICO .
How can I access information from my adoption records?
These records are governed by specific legislation, and they cannot be accessed under Data Protection legislation. If you have an adoption records enquiry, please see the following link which takes you to Adoption Central England (ACE) who are the regional Adoption Agency for Warwickshire County Council.: Support for adopted adults – ACE Adoption
How can I access past information about family members?
The County Records Office (CRO) may hold past information about family members. For more information on how to make a request and the CRO’s opening hours for in person visits please visit County Record Office and family records.
How can I access school records and exam results?
We do not hold school pupil records so if your request is for a pupil school record, you will need to apply directly to the appropriate school. You can find contact information for schools here. schools finder.
We do not hold information relating to exam results. You will need to apply directly to the exam board, where they still exist, or their successor exam boards for those which no longer exist. Nb. You will receive a signed attestation of your results rather than a replacement certificate
Please visit Get a replacement exam certificate: Who to contact - GOV.UK (www.gov.uk)
Can I access information about a deceased person?
Data Protection legislation only applies to living individuals. Therefore, a request for personal information of a deceased person cannot be processed as a SAR.
What if I want information about the Council that is not personal information?
Requests for all other types of information can be dealt with either:
- as ‘Business as Usual’ (BaU) by the relevant service; or
- under the Freedom of Information Act; or
- under the Environmental Information Regulations.
What happens if I am not satisfied with the service I receive?
If you are dissatisfied with the response or haven’t received a response to a formal information request, then please follow the steps below. If this doesn’t relate to a formal request, please follow the council’s complaint procedure.
- First, contact the council officer who dealt with your request and see if they can resolve your concerns.
- If you are not satisfied with the reasons or how your request was dealt with you have the right to ask for a formal internal review of the matter. You should ask for a review within 40 days of receiving our final response
- You must make your request for an internal review in writing, and our Corporate Legal Services team will deal with the matter. You can make the request by replying to the last email you received, or in writing to the Information Rights team quoting the case reference number (using the contact details above). We will aim to respond within 20 working days and at the most, 40 days if the case is complex, but we will keep you informed.
- If you are not satisfied with the outcome of the internal review, you may also appeal to the Information Commissioner if you feel we have not complied with our obligations. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Phone: 0303 123 1113 Website: www.ico.org.uk https://ico.org.uk/make-a-complaint/