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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7044
Experience:  Solicitor
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I need to access Personal Information held about me by an

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I need to access Personal Information held about me by an NHS organisation. Despite multiple Subject Access Requests, and an examination by the PHSO and ICO, the NHS Organisation is refusing, and the ICO is advising that I seek Legal Advice and use the Courts to Obtain the Information about me that I have a right to.
Customer: replied 4 months ago.
The Information that is held about me was used to deny me the right to visit my friend in hospital on Christmas Day 2016 and for the following 5 days. The Information was provided by a third party and was defamatory, because it was deemed a serious enough concern that I was banned from visiting my friend despite him calling me up to 4 times day on Christmas Day alone to visit him at the Mental Health Hospital.I am a respected professional who held high level Government Security cLearance due to the responsibility I have in my career. There would be nothing in my nature or background to prevent me from visiting a friend who is unwell.This friend is a victim of abuse, and most recently, psychological abuse which drove him to have a mental health breakdown. What the staff have done by taking this action to ban me from visiting is actually empower the psychological abusers, and are now wishing to avoid dealing with the consequences of their foolish actions.I have recorded contradicting statements from other staff, a head nurse especially, that they had no issues with my previous visit the day before on Christmas Eve.Despite requests for this information held about me, the hospital keep denying my request, so I now have to undertake legal action.

Hello my name is ***** ***** I will help you.

What did the ICO say, just to get advice?

Customer: replied 4 months ago.
Hello,The ICO stated that I seek legal advice and use the courts to gain access to the information that is held about me and used to make judgements about me by the Coventry and Warwickshire Partnership Trust NHS Senior Management.

Ok - then you can apply to Court under the Data Protection Act 1998.

You would need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

The court will list the matter down and decide whether to make an order.

If the Court does and they refuse, this could be contempt of Court which they may be warned, fined or sent to prison.

There is a Court fee of about £308 to pay to hear this, unless you are entitled to fee remission.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 4 months ago.
Hi,Thank you for this information, but where can I get guidance to complete the form? And is the party who has withheld my information from me, the CWPT NHS Trust, liable to compensate me for the fees I have incurred?
Customer: replied 4 months ago.
who is they? CWPT?I am referring to:
The court will list the matter down and decide whether to make an order.If the Court does and they refuse, this could be contempt of Court which they may be warned, fined or sent to prison.

Yes, if you can ask for costs.

The form is straightforward. You just say you want personal information held under the DPA.

You say what requests have been made and why they are refused.

You take to Court the people you have asked - the data holders.

Does that clarify?

Customer: replied 4 months ago.
thank you ... I just wanted to make sure that I didn't make a mistake.Is there any place where I could find a good example as a reference?

You can search in google for a template.

But dont worry - as long as the Court knows what you are asking for and why, it will be ok

Does that assist?

Customer: replied 4 months ago.
Thank you. I appreciate your response.I think I will right to the General Counsel of the CWPT NHS to given then a final chance to avoid a Court Request, and preserve some reputation damage and having unnecessarily cause the use of public services for a matter that they can deal with in 30 minutes maximum. In fact, they already have done the investigation into all the false information they hold about me and are being stubborn. I received some information previously and it was heavily inaccurate and a falsification of the truth.However, the key matter that they are withholding from me was 'important information' provided by a mysterious third-party (unknown to me, but they know), as well as some other notes.Is it fair to ask the CWPT NHS Legal Affairs Head to Respond Directly and avoid court costs?

Yes, I would agree. You are being more than reasonable

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 4 months ago.
thank you.I will close the matter now.

All the best. If this answers your question could I invite you to rate my answer, 5 stars the happy face on the page before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

Customer: replied 4 months ago.
By the way ... does Human Rights Act apply to this matter?
Customer: replied 4 months ago.
There is a Yes or No question about the Human Rights Act

No