The Access to Personal Files (Social Services) Regulations 1989

Exemptions from access to other information

9.—(1) As regards accessible personal information to which regulation 8 does not apply, a local social services authority shall be exempted from the obligation imposed by regulation 2(1)(b) if any of the conditions set out in paragraphs (2) to (7) is met.

(2) The condition in this paragraph is that the carrying out of the social services functions (1) of the local social services authority would be likely to be prejudiced by reason of the fact that serious harm to the physical or mental health or emotional condition of the individual who is the subject of the information or any other person would be likely to be caused; but the condition in this paragraph shall not apply to so much of the information sought by the request as can be supplied without causing such serious harm, whether by the omission of names or other particulars or otherwise.

(3) The condition in this paragraph is that the identity of another individual (who has not consented to the disclosure of the information) either as a person to whom the information or part of it relates or as the source of the information, would be likely to be disclosed to or deduced by the individual the subject of the information or any other person who is likely to obtain access to it, either from the information itself or from a combination of that information and other information which the individual the subject of the information or such other person has, or is likely to have; but the condition in this paragraph shall not apply—

(a) if the only individual whose identity would be likely to be disclosed or deduced is or has been employed by the local social services authority in connection with that authority’s social services functions or has provided for reward a service similar to a service provided by the local social services authority in the exercise of that authority’s social services functions and the information relates to him or he supplied the information in his official capacity, or as the case may be, in connection with the provision of that service, or (b) to so much of the information sought by the request as can be supplied without enabling the identity of another individual to be disclosed or deduced, whether by the omission of names or other particulars or otherwise.

(4) The condition in this paragraph is that the information is held by the local social services authority for the purposes of—

(a) the prevention or detection of crime, or

(b) the apprehension or prosecution of offenders and the application of regulation 2(1)(b) to the information would be likely to prejudice either or both of the matters mentioned in sub-paragraphs (a) and (b) above.

(5) The condition in this paragraph is that the information consists of a report given or to be given to the court by the local social services authority in the course of any proceedings to which the Magistrates' Courts (Children and Young Persons) Rules 1988 (2) apply where, in accordance with the provision of those Rules, the information may be withheld by the court in whole or in part from the individual who is the subject of the information.

(6) The condition in this paragraph is that the information consists of information the disclosure of which is prohibited or restricted by—

(a) sections 50 or 51 of the Adoption Act 1976 (3),

(b) regulation 11 of the Education (Special Educational Needs) Regulations 1983 (4),

(c) regulation 6 or 14 of the Adoption Agencies Regulations 1983 (5),

(d) rules 9, 21, 22 or 53 of the Adoption Rules 1984 (6), or

(e) rules 9, 21, 22 or 32 of the Magistrates' Courts (Adoption) Rules 1984 (7).

(7) The condition in this paragraph is that the information consists of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

(1)

See Schedule 1, paragraph 2(5) of the Act and section 3(1) of the Local Authority Social Services Act 1970 (c. 42) for the meaning of “social services functions”.

(2)

S.I. 1988/913

(3)

1976 c. 36

(4)

S.I. 1983/29

(5)

S.I. 1983/1964

(6)

S.I. 1984/265

(7)

S.I. 1984/611