Getting your personal files

Access to files is a difficult task if you don't know what to do or where to start. Ive enclosing government web site document url's too so that you can find any related information and data information.

If you were in care of the local authority then the authority you were in care with will hold your records. However, if you were in a childrens home outside of the area of you were in care with, it is advisable to contact that local archives centre as they often hold their own set of records relating to that children's home and its ex residents. Those in care with local church organisations will also find their files in archive in the area of where that church organisation is situated.

If you were fostered in a different area to which you were in care with, they too are likely to hold information in the area of which the foster parents resided so it's always good to contact the local archive centres on the area you were fostered in.

http://www.ico.gov.uk

PDF Doc on the 40 days rule and information


Click on the link S Subject access - a guide for subject data
This pdf document will give you all the relevant information on data protection.

The 40 day rule

The 40 day rule seems to be a problem which leaves many people confused as I have recently found out when helping people access thier records.

40 days had expired from the date of which a request was made in writing by the subject (subject 1) and the other subject (subject 2) has only a matter of days left before the 40 day rule expired. Neither subjects had been contacted by the organisation to say there would be a delay. It took that organisation three weeks to get the form out to the first subject.

When the organisation was contacted by both subjects and myself because the time had expired or was due to expire the organisation explained to the two subjects and myself that their legal department had informed them that the 40 day rule starts from when they get the files out. If that were the case then that could be open to abuse as already experienced because that would effectively mean that organisations can find the files when ever it suits them which would far exceed the 40 day rule if they were to for example go and find the files 6 months later.

I spoke to the information commissioners yesterday 24th Nov 06 and was given the information hence the links provided. This is aparently not correct information that the subjects had been given.

The organisation only took one subjects file out two weeks ago knowing the 40 days has almost expired and the other subject they had in fact held that file for many weeks and have already expired the 40 day rule stating the rule starts from when they get the subjects file and written request. It didn't seem to matter to them that it took them 3 weeks to send the form out to the subject in the first place. This is unacceptable.
I asked the information commissioners why 40 days and the reply was "because thats the average time it takes to get the request in writing, get the files out of archives, copy them, take out 3rd party information and send them to the subject. 40 days is considered the appropriate time it should take from begining to end and only in rare circumstances such as the subjects files can't be located can make the process longer. In that case the subject must be informed in writing as to the delay. This was not done in the situation of subject 1.
If you find you have not recieved your files and not had anything in writing to state why then please either ring the information commissioners for advice or go to their website and lodge a formal complaint stating clearly who you are making the complaint against.

You can also ring them on 01625 545700 if you need further assistance and advice

When you recieve your files you are entitled to have someone go through your files with you and answer any questions related to your files that you don't understand or just be there for you and give you support.
When I requested support from Wandsworth after recieving my care files which took me 13 long years to get, they refused and cut off all contact with me. I also took note that they had in fact taken out information that was NOT 3rd party because I had my KH files and when I finally received my Wandsworth care files they had included someone elses case conference file in mine. Yet more blunders from Wandsworth. I also contacted the Conservative leader by the main Conservative web site contact form and it took them 3 weeks to reply to my email and I haven't heard from them since and that was two months ago now.

One thing I do know, there is still NOT enough being done for survivors of abuse nor victims of abuse and there is no point in contacting leaders because you simply get thrown to one side and ignored.

Not the best way forward by any party that should lead by example. It seems to me that these leaders follow their own agenda which is 'do as I say and not as I do'.