Access to your records
The General Data Protection Regulations (GDPR) and Data Protection Act 2018 entitles an individual to access the records about them held by Children's Services.
This is called a subject access request (SAR).
- Information you can see
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You can see what Children’s Services staff have recorded about you unless the law allows this information to be withheld. Your request can include information that is held either electronically on databases or on paper records.
- Information you can't see
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You will not be able to see information that has been provided by other people outside of Children's Services, for example, professionals and other individuals, unless they consent. We need to contact them in order to gain their consent.
You are not entitled to see information that is about other people, only yourself. Under Data Protection Legislation there are some exemptions to seeing the information we hold. See the Exemptions List for the details of the exemptions that are primarily used for Children's Services SAR disclosures, this is not an exhaustive list. For more information visit the Information Commissioners Office (ICO) website.
- Viewing records of children and others
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All records belong to the individual regardless of their age. This means that anyone else wanting to view the records of children or others needs to provide proof that they are entitled to ask for this information. In the case of children this is parental responsibility. In the case of other individuals it should be express written consent or some form of formal document, for example, power of attorney.
In the cases of non-resident parents, we may also need to undertake further checks to ensure that releasing the information will not place anyone at risk. For children who are old enough to be aware of the SAR process, they should be involved in the application process and be asked for their consent.
If you want to know which school your child is attending there is a separate process for requesting this information. Complete the Child Enquiry Process (CEP) form ensuring that supporting documentation is also included when submitting.
- Accessing school records and adoption records
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There are separate processes for requesting access to school records and adoption records.
School Records
If you want to make an application for school records you should approach the school directly as they are their own data controllers and are responsible for dealing with these types of requests.
Adoption Records
If you were adopted and want to view your records contact the Hampshire adoption team. The SAR team are unable to deal with these requests.
- Further information and contacts
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Childrens Services Subject Access Request Team
The Castle
Winchester
SO23 8UJEmail [email protected]
Information about the Hampshire Council (non Children's Services) Subject Access Request (SAR) process
- Supporting ID guidance
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Please ensure you provide the correct supporting documentation for your circumstances. Send the documents via email to [email protected].
Proof of identification is required and the following is acceptable documentation:
- Proof of ID - Passport, driving licence or birth certificate
- Proof of child’s ID - Full birth certificate
- Proof of parental responsibility - Child’s full birth certificate or court order, naming parents
- Signed consent - Permission to access data on the child/data subject’s behalf, in written format.
- Authorisation for request on behalf of another - Authorisation to act on child’s behalf; court approved or written consent.
If you are:
Requesting your own data
- Proof of your ID (data subject)
Parent requesting data for children aged 11 or under
- Proof of your ID
- Proof of each child’s ID (data subject)
- Proof of parental responsibility
Parent requesting data for children aged 12-17 who have capacity to consent
- Proof of your ID
- Proof of each child’s ID (data subject)
- Proof of parental responsibility
- Signed consent from the child
Parent requesting data for children aged 12-17 who lack capacity to consent
- Proof of your ID
- Proof of each child’s ID (data subject)
- Proof of parental responsibility
- Provide the appropriate supporting documentation that confirms you have been given authorisation to act on your child’s behalf. An example of this is court approved litigation friend or alternative person. If the individual has had a Mental Capacity Assessment which addresses whether consent can be freely given, this may also be acceptable.
Legal agent requesting children’s data
- Proof of each data subject’s ID
- Proof of ID for parent(s) where data subject are children
- Proof of PR (where applicable)
- Letter of authority (on headed paper) from the data subject or parent(s) for you to make this request on their behalf
- Written consent from any child aged 12-17
- Where the child is aged 12 to 17 and they do not have the capacity to sign consent, please provide the appropriate supporting documentation that confirms they do not have the necessary capacity to consent and the applicant has been given authorisation to act on their behalf. An example of this is litigation friend or HMCTS alternative person. If your child has had a Mental Capacity Assessment which addresses whether consent can be given this may also be acceptable.
Third party requesting data
- Proof of your ID.
- Proof of ID for the data subject
- Written consent from the data subject or parent(s) for you to make this request on their behalf
- Where the individual is aged 12 or over and they do not have the capacity to sign consent, please provide the appropriate supporting documentation that confirms the applicant has been given authorisation to act on their behalf. An example of this is court approved litigation friend or alternative person. If the individual has had a Mental Capacity Assessment which addresses whether consent can be freely given this may also be acceptable.
- How to make an application
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The easiest way to submit a SAR is by completing our application form below. The questions in our form help you to provide the necessary information. Provide as much detail as possible. This will help the team to validate your request.
The information will be provided to you free of charge. However in certain circumstances charges may apply.
The information will be provided to you in a suitable format for you to keep.
Under Data Protection Legislation this information should be provided to you within 1 calendar month of your request being validated. In certain circumstances this time can be extended.
