Social work information

In more detail

• What is social work information?
• Can we charge a fee for providing access to social work information?
• Is social work information ever exempt from subject access?
• Is there an exemption for social work information processed by the courts?
• Is social work information exempt if disclosure goes against a person’s expectations and wishes?
• Is social work information exempt if disclosure may cause serious harm?
• Is there a restriction if you are a local authority in Scotland?

What is social work information?

The DPA defines social work information as personal information which:

• paragraph 8 of schedule 3 of the DPA applies to (generally this includes particular bodies processing personal information in connection with their social services functions or to provide social care); but
• is not education or health information.

Can we charge a fee for providing access to social work information?

In general, you cannot charge a fee to comply with a SAR for social work information. However, if a request is manifestly unfounded or excessive, you may charge a fee to respond. For more information about when you can charge a fee, see Can we charge a fee?

Is social work information ever exempt from subject access?

The exemptions and restrictions that apply to other types of personal information also apply to social work information. For example, if social work information contains personal information relating to someone other than the requester (such as a family member), you must consider the rules about third-party information before disclosing it to the requester. However, it’s normally reasonable to disclose information that identifies a professional, such as a social worker, carrying out their duties. See What if a SAR involves information about other people? for more information.

Some further exemptions and restrictions apply to social work information. These are explained in the next sections.

Is there an exemption for social work information processed by the courts?

You are exempt from providing social work information if:

• it is processed by a court;
• it is supplied in a report or given to the court as evidence in the course of proceedings where specific court rules apply; and
• in accordance with these specific court rules, the court may withhold the person’s information in whole or in part.

The specific court rules which may apply are:

• the Magistrates’ Courts (Children and Young Persons) Rules (Northern Ireland) 1969;
• the Magistrates’ Courts (Children and Young Persons) Rules 1992;
• the Family Proceedings Rules (Northern Ireland) 1996;
• the Magistrates’ Courts (Children (Northern Ireland) Order 1995) Rules (Northern Ireland) 1996;
• the Act of Sederunt (Child Care and Maintenance) Rules 1997;
• the Sheriff Court Adoption Rules 2009;
• the Family Procedure Rules 2010; and
• the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013.

Is social work information exempt if disclosure goes against a person’s expectations and wishes?

Yes. There is an exemption from the right of access if you receive a request (in the exercise of a power conferred by an enactment or rule of law) for social work information about a person from someone:

• with parental responsibility for a person aged under 18 (or 16 in Scotland); or
• appointed by a court to manage the affairs of a person who is incapable of managing their own affairs.

But the exemption only applies to the extent that complying with the request would disclose information that the person:

• provided in the expectation that it would not be disclosed to the requester (unless they have since expressly indicated that they no longer have that expectation);
• consented to provide as part of an examination or investigation, in the expectation that the information would not be disclosed in this way (unless they have since expressly indicated that they no longer have that expectation); or
• has expressly indicated cannot be disclosed in this way.

Is social work information exempt if disclosure may cause serious harm?

Yes. You are exempt from complying with a SAR for social work information to the extent that complying with the request would likely compromise social work duties because it would likely cause serious harm to the physical or mental health of any person. This is known as the ‘serious harm test’ for social work information.

Is there a restriction if you are a local authority in Scotland?

Yes. The restriction applies if you:

• are a local authority in Scotland (as defined by the Social Work (Scotland) Act 1968); and
• receive a request for social work information.

This restriction means that you cannot disclose social work information in response to a SAR if:

• there is a question of whether you need to respond to the SAR;
• the information came from the Principal Reporter (as defined by the Children’s Hearings (Scotland) Act 2011) in the course of their statutory duties; and
• the person whom the information is about is not entitled to receive it from the Principal Reporter.

You must inform the Principal Reporter of the issue within 14 days of the question arising.

You are not permitted to disclose the social work information in response to the SAR if the Principal Reporter has told you they think the serious harm test for social work information is met.