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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10306
Experience:  Dual qualified Solicitor and Attorney
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If legal proceedings have ended and the section 7 report has

Customer Question

If legal proceedings have ended and the section 7 report has inaccurate data about you, can you get this rectified and/or deleted under DPA 2018 and GDPR. If so, can Cafcass rectify this and contact the court for it to be removed from the courts filed?
JA: Where is this? It matters because laws vary by location.
Customer: Portsmouth, England.
JA: What steps have been taken so far?
Customer: Written to Cafcass. They ignored me. Have made a claim to court and Cafcass say they have no power to delete the section 7 report.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 8 days ago.
Category: Law
Expert:  RJM Law replied 8 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Expert:  Jeremy Aldermartin replied 8 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 8 days ago.

In short no, court records are not subject to GDPR or DPA in that way. I trust this assists

Customer: replied 8 days ago.
Thank you for your response. So despite the fact that the FCA has absolutely no evidence to back up what is written in the section 7 report and made it all up and falsified children interviews in order to help the other parent I just have to accept that the section 7 is false leaving me in a horrible light and can be shown to the children when they are adults which will most likely ruin my relationship with them and DPA and GDPR can't rectify it?
That does not sound very fair at all. I thought that I had a right for all my data to be accurate, regardless of the arena.
Expert:  Jeremy Aldermartin replied 8 days ago.
As I have said you cannot use that legislation to get the reports corrected nor deleted they are a matter of public record. I trust this assists
Customer: replied 8 days ago.
there's nothing I can do? What about HRA (Article 8)?
ECHR (Article 8)?
EU CFR (Article 8)?
EU CFR (Article 47)?
Expert:  Jeremy Aldermartin replied 8 days ago.
Right to a private and family life is classified as a limited right which means it is not absolute and can be limited in some circumstances one of which is court proceedings. The same applies to the other citations. I trust this assists
Customer: replied 8 days ago.
If the proceedings are over and an order made by consent then surely as the section 7 was not used by the court to decide the order then it should be allowed to be rectified and or deleted. This is extremely unfair if there is nothing I can do.
Expert:  Jeremy Aldermartin replied 8 days ago.
As I have said there is nothing you can do. I am sorry I cannot give you better news. Take care