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. Any disclosure under Freedom of Information Act is to the world at large. Once disclosed the Council can no longer protect that information.
All social care information is exempt from disclosure under the Freedom of Information Act. According to the Department of Health & Social Care, confidentiality must continue after death. This is because people expect information provided for their care is not shared with others unless they had consented.
Executor of the Will
Sometimes the family of the deceased have concerns about the care of their relative. In these cases we will consider an application from the Executor of the Will of the Deceased. They may only ask to access information relevant to their concern. We will not provide full access to the deceased record. Any information we provide will be limited to the concern raised. Please note there is no statutory timeframe for the provision of this information. We will endeavour to provide relevant information to you as soon as possible.
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.