Accessing Deceaseds Social Worker Notes

Summary

Section 37 of the Freedom of Information Act in Ireland restricts access to personal information to protect privacy. Executors generally have rights to access necessary information for estate administration, but privacy concerns can lead to denial. If the information is crucial to proving an executors unfitness, legal action may be required. Appeals can be made to the Information Commissioner, and further steps can involve the High Court. An Garda Síochána can request information during investigations, but compliance with privacy laws is essential.

Full Conversation

Yes I was refused access to my deceased mothers social worker notes under section *(*)
Under the Freedom of Information Act, you should have rights to access information. However, section *(*) is an exemption related to records that could potentially harm the work of government. Could you let me know if you received a detailed reason for this refusal?
Sorry section * not *
Ah, I see. Section * of the Freedom of Information Act in Ireland relates to personal information. Refusal can occur if:
- Information is confidential.
- Release might infringe upon another person's privacy rights.
Can you clarify if these reasons were given?
That was the only reason on the letter
I see. If the only reason provided was Section *, then it seems the decision was based on privacy concerns. You can appeal this decision within * working days to the Information Commissioner in Ireland.
Does an executor have the right to this information
Yes, an executor generally has the right to access information necessary to administer the estate. However, under section * of the Freedom of Information Act in Ireland, if the information is deemed personal and its release infringes on privacy rights, access can be denied.
If this information being upheld proves another executor is unfit to carry out duties due to be named as someone stealing from the deceased
If the information shows an executor is unfit, it may lead to their removal. However, proving this requires solid evidence. You might need to:
- File a court case
- Prove the executor's misconduct or incapacity
- Seek legal advice
This is based on Irish law, which may vary.
And if the deceased talked to a social worker about her concerns do this person
If the deceased had expressed concerns to a social worker, it might be relevant. However, as per Section * of the Freedom of Information Act, such information is likely considered personal and confidential. Would you like to know more about contesting the decision?
Yes
To contest the decision, you can file an appeal to the Information Commissioner within * working days of your initial request's refusal. If unsatisfied, you may take the matter to the High Court. Are you located in Ireland?
Yes
Great, since you're in Ireland, you can reach out to the Office of the Information Commissioner for your appeal. If you need further assistance, you may consider seeking legal advice from a solicitor. Would you like the contact details for the Information Commissioner's Office?
I’m good. If I take the matter to the high court should I have a solicitor
Yes, it's advisable to have a solicitor if you decide to take the matter to the High Court. They can provide legal advice and representation, helping to present your case effectively.
can social worker notes be used as evidence
Yes, social worker notes can be used as evidence in court. However, their admissibility depends on factors like relevance to the case and compliance with privacy laws. It's recommended to consult a solicitor to navigate this complex process.
If a request is denied is it because notes contain accusations
Not necessarily. A request can be denied for various reasons, such as privacy concerns or confidentiality. Accusations in the notes don't automatically lead to denial. Did the denial letter specify why your request was rejected?
It just mentioned “disclosure of personal information”
I see. The term "disclosure of personal information" often refers to privacy concerns under Section * of the Freedom of Information Act. You can appeal this decision. Do you need information on how to start this process?
I am wondering what right do I have to this information if : I am next to Kin, a daughter of the deceased and executor of the will
As the executor, you generally have the right to access information necessary for the administration of the estate in Ireland. However, under the Freedom of Information Act, section *, if the information is considered personal, access can be denied to protect privacy rights.
What about next to kin
As next of kin, your rights to access information may also be limited by privacy laws. If the information is considered personal under Section * of the Freedom of Information Act, access could be denied. Always consult a solicitor for advice tailored to your situation.
Under what circumstances can section * be overturned
Section * of the Freedom of Information Act can be overturned if:
- The public interest would benefit more from the disclosure.
- The third party gives their consent for the information to be disclosed.
- The information relates to the performance of the functions of a public body.
Each case is evaluated individually.
To prove someone is unfit a acceptable
Are you asking if it's acceptable to use information obtained under the Freedom of Information Act to prove someone is unfit? Can you please clarify?
Yes unfit to execute a will
Proving someone unfit to execute a will generally requires evidence of misconduct or incapacity. Information obtained under the Freedom of Information Act could potentially be used, but it depends on the specific details of the case. Are you considering legal action?
Yes consider legal action as deceased person raised concerns about the executor of the will
That's a serious concern. To start legal proceedings, you may need to gather evidence and consult a solicitor. Are you based in Ireland?
The concerns was her finances were been robbed. We want to access these social worker notes to prove it
I see, that's a serious allegation. In Ireland, you can file a complaint with An Garda Síochána if you suspect theft. It's advisable to consult a solicitor as well. Are you aware of the process to report such an issue?
Can I a file a complaint for a deceased person
Yes, you can file a complaint on behalf of a deceased person in Ireland. This usually involves reporting the issue to An Garda Síochána, the Irish police service. Would you like more information on this process?
Can they request information from social worker
Yes, An Garda Síochána can request information during an investigation, including from social workers. However, the release of such information needs to comply with privacy laws. Do you need assistance contacting An Garda Síochána?
Does this information have to be released
The release of social worker notes for a Garda investigation in Ireland would depend on the relevance of the information to the case and compliance with privacy laws. It's the investigator's prerogative to request such information if deemed necessary.