Crown Immunity for civil servants

sheila oneill made this Freedom of Information request to West Sussex County Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear West Sussex County Council,

Do social workers have crown immunity in the follwing circumstances

1/ Making false allegations against a service user which causes death or serious physical or psychological injury

2/ Releasing personal service user data that is innacurate and misleading to 3rd parties (especially where this information was party to court proceedings) that then leads to death or serious physical or psychological injury.

3/ Please list where crown immunity applies to social workers and all other civil service employees of WSCC.

Yours faithfully,

sheila oneill

Maggie Lucey,

Dear Ms O’Neill,

 

I am writing to acknowledge receipt of your Freedom of Information request
of 26 August 2013.

 

You will receive a response within 20 working days.

 

Yours sincerely,

 

Maggie Lucey

Data Management & Access Officer – Information Liaison Officer

 

Maggie Lucey | Data Management & Access Officer | West Sussex County
Council
Telephone: +44 01243 777519 Internal 77519 | [mobile number] | Email@
[1][email address]
County Hall, Tower Street, Chichester, West Sussex. PO19 1QT

 

 

This email and any attachments are confidential and intended solely for
the persons addressed. If it has come to you in error please reply to
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References

Visible links
1. mailto:[email address]

Maggie Lucey,

Dear Ms O’Neill,

 

I am writing in response to your Freedom of Information request of 26
August 2013 regarding crown immunity for social workers.

 

We are unable to answer your two questions as social workers are not civil
servants and do not, therefore, attract crown immunity.

 

Yours sincerely,

 

Maggie Lucey

Data Management & Access Officer – Information Liaison Officer

 

Right of Appeal

 

West Sussex County Council provides you with the right to request a review of
this response under its complaints procedure. If you decide to request a review
and are not satisfied with the outcome you then have the right to direct your
comments to the Information Commissioner who will give it consideration .The
Information Commissioner's Office is based at Wycliffe House, Water Lane,
Wilmslow, Cheshire SK9 5AF

Helpline No: 0303 123 1113 or at [1]www.ico.org.uk

 

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copyright of West Sussex County Council.

 

Information you receive which is not subject to WSCC copyright continues
to be protected by the copyright of the person, or organisation, from
which the information originated. You must ensure that you gain their
permission before reproducing any third party (non WSCC) information.

 

 

Maggie Lucey | Data Management & Access Officer | West Sussex County
Council
Telephone: +44 01243 777519 Internal 77519 | [mobile number] | Email@
[2][email address]
County Hall, Tower Street, Chichester, West Sussex. PO19 1QT

 

 

This email and any attachments are confidential and intended solely for
the persons addressed. If it has come to you in error please reply to
advise us but you should not read it, copy it, show it to anyone else nor
make any other use of its content. West Sussex County Council takes steps
to ensure emails and attachments are virus-free but you should carry out
your own checks before opening any attachment.

References

Visible links
1. http://www.ico.org.uk_/
2. mailto:[email address]

sheila oneill left an annotation ()

The civil service in the United Kingdom only includes Crown employees; not those who are parliamentary employees. Public sector employees such as those in education and the NHS are not considered to be civil servants. Note that civil servants in the devolved government in Northern Ireland are not part of the Home Civil Service, but constitute the separate Northern Ireland Civil Service nor are employees of the Foreign and Commonwealth Office.

Immunity exists for public servants in law. The exceptions being where a public worker causes death or serious injury by a proven malicious or negligent act.
Examples can be found at the CPS website and or taking legal advice.

sheila oneill left an annotation ()

Under the Human Rights Act, public authorities, including regulatory bodies and inspectorates and many of the service providers they regulate, have an obligation not to act incompatibly with the Convention rights. Any member of the public who feels their rights have been infringed by a public authority can take their complaint to a UK court or tribunal, as can non-governmental organisations (including some regulated bodies). It is therefore important that you understand the Convention rights.