Requesting information about you, or someone you care for

Find out the types of information we hold and how to request it

Request the information of someone who has died

 The Data Protection Act 2018 does not apply to information of the deceased. You can make a Freedom of Information Act 2000 request for deceased information.

Social care records

Information contained in the deceased's social care record is exempt from disclosure. This is because the information is sensitive in nature and has an expectation of confidentiality. The Department of Health & Social Care state that under common law confidentiality must continue after death. This is because people expect information provided for their care is not shared with others unless they had consented.

Evidence of exemption

The applicable exemption for social care records is Section 41(1) Information Provided in Confidence. The Information Commissioner has previously relied on this exemption to rule that the duty of confidence survived the death of the deceased and disclosure of the information would be an actionable breach of confidence. Examples of this include:

Request the last care assessment and last financial statement of care

Sometimes the family of the deceased have concerns about the care of their relative. In these instances, we will consider an application from the executor of the will of the deceased. You will need to provide evidence that you are the executor of the will. If you are unable to provide evidence, we will be unable to make a disclosure to you of any personal information. The only other way to obtain this information is with a signed and stamped court order.

We will only disclose the last care assessment and last financial statement of care. We will not provide access to any other information within a care record.

To request information about someone who has died, you will need to provide:

  • your full name
  • your address
  • your telephone number and / or email address
  • proof of your identity, such as a valid passport, driving license or birth certificate
  • proof that you are the executor of the deceased person's will
  • the full name of the deceased person you are making the request for
  • a death certificate for the deceased person
  • details of your concern

Completing our online form is the best way to make sure that you are giving us the right information. Please check the information we do not hold before making your request.

Complete an online form to request information

If you are unable to complete our online form, email us at transparencyteam@essex.gov.uk or call us on 033301 39853.

Find out what happens after you have made a request.