Ask a Law Question, Get an Answer ASAP!
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Who is IAPT please?
IAPT stands for Improving Access to Psychological Therapies. I asked my GP to refer for an assessment for possible PTSD Post Tram Stress Disorder.
So records about you are wrong?
The notes made for an unrequested further referral are misleading and yes in some instances wrong.
If there is any data that is held about you and that is wrong then you can ask that it be corrected or deleted.
You should write and ask for this to be done within 40 days pursuant to the Data Protection Act or you could then say you will make an application to Court.
If this request is refused then you are entitled to do 2 things:
1) Complain to the Information Commissioner who deals with complaints under the Data Protection Act
Their website is at: http://www.ico.org.uk/
They can consider any complaint and investigate it.
Your second option is to issue proceedings pursuant to Section 14 of the
Data Protection Act 1998
You would need to complete form N208 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The Court would then consider whether the data is wrong and order that it be blocked or rectified.
Can I clarify anything about this for you today please?
Can I not simply have the records removed from the system?
You can ask yes, but they may refuse at which point you need to take the above two steps
They can hold data about you, but it must be correct.
If they hold it and it is correct you can ask that it is deleted but they have no obligation to do so
Will this cost me to take it to court?
Yes the application fee is £175
You mean the whole procedure will cost £175?
That is to issue it. If the matter is not contested then that is it.
If the matter is contested you will have to pay a trial hearing fee.
If you are not represented and you lose then you would be liable for costs of the other side.
If you win then you get costs back.
What would you advise? ie how to proceed? they have said that they are not legally obliged to remove my case notes but they will keep my request and complaints in their records too. They have admitted to using inappropriate vocabulary in further "diagnosis" and not liasing with me or disclosing the notes to me at all. It was the person I was referred to who was puzzled by the referral on meeting me that drew my attention to the notes and suggested I have request to have them removed from the system.
I would write and ask and if they refuse complain to the Information Commissioner.
That option is free and you can see what the ICO says
Does that help?
The Information Commissioner?
Yes see note 1) above for my advice on that