Equality Impact Assessment - Access to Personal Information

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• Equality Impact Assessment - Access to Personal Information

Is this a new function or a review of an existing function?

Existing function

What are the aims/purpose of the function?

For existing, former and future social care users to access their personal social care records and to challenge if they believe information to be inaccurate.

This area of work is governed by the Data Protection Act 1998.  It covers all records, i.e. electronic, paper and written records.

Information that is recorded about an individual is confidential and only shared with relevant professionals where necessary.

The policy gives guidance as to who is entitled to the information kept on file, e.g. service user, parent or carer.   The request must be made in writing – see action plan.  There is an administrative charge of £10 which must be paid before the request can be processed – see action plan.

As far as possible social care staff should keep service users informed about their personal records that are kept on file.

Some information held on file may be withheld from the service user such as third party information or information provided in confidence.

Service user can challenge the information held on file and his/her comments can be added to the file or the information can be deleted or altered.

The service user may also refer any dissatisfaction to the Information Commissioner or through the Court process.

Is the function designed to meet specific needs such as the needs of minority ethnic groups, older people, disabled people etc?

The policy is for all service users and certain third party individuals who have a proven and relevant interest.

What information has been gathered on this function? (Indicate the type of information gathered e.g. statistics, consultation, other monitoring information)? Attach a summary or refer to where the evidence can be found.

The information on requests made is kept on a database but does not currently include equality information – see action plan.

In 2006/07 21 requests were made of which12 were female and 9 were male.

In 2007/08 19 requests were made of which 11 were from females and 8 were from males.

It is important to be aware that on occasions information is requested by third parties on behalf of their clients, e.g. legal representatives, other local authorities and this can cause some difficulties in relation to monitoring data – see action plan.

Does your analysis of the information show different outcomes for different groups (higher or lower uptake/failure to access/receive a poorer or inferior service)? If yes, indicate which groups and which aspects of the policy or function contribute to inequality?

Currently we are be able to access relevant information about service users from our electronic social care system.  This will include gender, age, disability and ethnicity.  We are not able to extract this information for third parties unless they are service users in their own right – see action plan.

In 2006/07 there were a reasonable number of request made from the BME community.  However, in 2007/08 there were none.

What action needs to be taken as a result of this Equality Impact Assessment to address any detrimental impacts or meet previously unidentified need? Include here any reasonable adjustments for access by disabled people. Include dates by which action will be taken. Attach an action plan if necessary.

• Although it is a requirement that applications must be made in writing, we need to ensure that people are aware that they will be given the opportunity to use alternative formats for requesting their records.  This needs to be made clear on the leaflet and application forms.  This should prevent a negative impact on people with certain disabilities or health issues, people whose first language is not English, certain groups of elderly people and people with special educational needs.  
  Action: Karen Fenwick (KF) to revise DPA leaflet and application form incorporating alternative format information by 1st April 2009.   
• As previously stated, there is an administrative charge of £10 for all requests made.  This could have a greater disadvantage for people on lower incomes or on certain levels of socio-economic status.
• It has been identified from this process that although data can be found we need to have a more robust recording and reporting process and wider categories to include all strands of equality.
  Action: KF to include all six equality strands on application form.  To be completed by 1st April 2009.
• The current policy needs to be updated to reflect legislative changes and areas identified as above.  The information leaflet, ‘What’s on the Record – Your Right to Know’ must also be changed to reflect the areas identified in this action plan and that it conforms to plain English guidance.
  Action: KF to revise procedure and leaflet by 1st April 2009.
• Review leaflet distribution points and ensure that the application form and leaflet are available online.
  Action: KF to review by 1 April 2009.

When will you evaluate the impact of action taken? Give review dates.

Initially six months and thereafter yearly.

Assessment completed by:

Name:        Karen Fenwick

Service:   Equality & Access Team

Date:        10 February 2009