Subject Access Requests (SARs)

Using AI to help draft Subject Access Requests (SARs)

AI tools can be helpful, but they can also introduce errors or create overly complex requests that increase the burden on public bodies, such as the council and cost to the taxpayer.  

When using AI to help draft a SAR, please have in mind what you are seeking to achieve by making a request for information from us.

Before you submit a request or follow up correspondence, check that:

• you're only asking for the information you are genuinely looking for – AI tools sometimes generate broad or excessive wording that goes beyond the information you actually want or need
• you try to specify a period of time – for example, 'the last 12 months' or '2022 to 2024'
• the request is clear, concise and focused – short, straightforward requests are easier for us to process and usually lead to quicker, more accurate responses
• there are no obvious factual inaccuracies – AI can misrepresent legislation or misstate what organisations such as the council have to do. Review the text of your request carefully and don’t assume AI is right. If it has referred to something you don’t understand, check what it is
• the tone is appropriate – AI-generated content can sometimes sound abrupt or otherwise inappropriate. Your request is read by a human being who is doing their best. Please check the tone before sending.

Why does this matter?

We are seeing an increase in requests and secondary correspondence that appear to have been drafted by generative AI. These can require additional clarification because of inaccuracies or unnecessary complexity. This creates delays for both requesters and our teams.

This guidance is for parents who are considering making a ‘private law’ application or are currently involved in one. 

Private law applications seek the resolution of issues (where parents cannot agree) such as who a child should spend time with or who a child should live with. 

These applications are governed by court rules. The court often involves CAFCASS in these cases. The role of CAFCASS is to provide a Family Court Adviser to independently advise the court about the arrangements that are most likely to be in the children’s best interests and which promote their safety and wellbeing. 

After the court has received an application from a parent concerning a child, the court will send the application to CAFCASS for them to review the available information. 

CAFCASS undertake checks with both the police and with the local authorities where you have lived to see if there is anything that could cause concern about the welfare or safety of you and your child.

A Family Court Adviser (FCA) will offer you and your child’s other parent an interview. This will be your opportunity to input into the process. 

The FCA then provides the court with information in a ‘Safeguarding Letter’ to help the court to understand and make a decision that is safe for the child. The FCA advises the court about the best arrangements for your child. 

1. Whilst we are committed to meeting our legal obligations to provide people with their personal information or that of their children, we do not have unlimited resources. 
2. Given the role of CAFCASS, there is usually no need to make a Subject Access Request to secure evidence for the case.
3. You are only entitled to information about you and the children and not that which is about the other parent. As such, the court would not have the full picture from you, whereas it will have all relevant information from CAFCASS.

For these reasons, please think carefully about making requests that are for use in family law cases. These take up the time of our Data Protection Team when there may be no need for the request.

Mediation

The Data Protection Team does not provide evidence that will exempt you from having to attend a mediation appointment, for example, proof of domestic abuse. Please contact Children’s Services directly for this.

Requests relating to Children and Young people with SEND

We appreciate that parents and guardians want the best for their children. To achieve this, a parent or guardian may think about making a request for their child’s records. However, it is likely, given that the council seeks to work collaboratively with parents, that parents may already have some, if not most, of the information contained within the records. 

Examples of documents that parents would usually have include applications for Education, Health and Care Plans (EHCPs), medical reports, assessments, EHCPs, working documents, documents filed in tribunals, correspondence from solicitors and others acting on behalf of parents or guardians. 

Exemptions 

The law sets out exemptions to the right of access. This is where information may be withheld. In the context of SEND these are: 

1. Information in respect of which a claim to Legal Professional Privilege (LPP) could be maintained in legal proceedings.

There are 2 aspects to LPP: litigation privilege and legal advice privilege. 

Litigation privilege applies to confidential communications between a client [the Council], legal adviser and a third party, where litigation (an appeal) is contemplated or in progress. 

This means that if the council are of the view that an appeal against a decision of the council is contemplated, then any communications (relating to the proceedings) with a third party (this is any individual or organisation external to the council) after the forming of this view will not be disclosed in response to a request.

Legal advice privilege applies to confidential communications between a client [the council] and legal adviser for the purpose of seeking or obtaining legal advice. This means that any legal advice provided to the council will not be disclosed within any response to a request if doing so would undermine the council’s negotiating position.

2. Personal data that is a record of the council’s intentions in negotiations with an individual – where complying with a SAR would be likely to prejudice the negotiations.

This means that where provision has not been agreed between the council and parents or guardians and negotiations are to be entered into or are ongoing, then the council’s intentions will not be disclosed within a response to a request if doing so would undermine the council’s negotiating position.

Helping us to help you

The records of some SEND children can amount to several thousands of pages. Each page must be reviewed before disclosure. This can be a lengthy and costly (to the council) process. 

We do not accept requests which simply ask for all SEND records without time limit in respect of a particular child, because:

1. parents / guardians will likely have some of the information in the possession of the council already
2. the exemptions referred to above
3. the factors that the council can take into account (specifically resources) in deciding whether to refuse a request by considering it as manifestly excessive.

What you should do

We will, of course, meet our legal obligations, but we invite parents or guardians when making a request to:

1. specify what they reasonably require – please think about what is needed in order to achieve your aims
2. only ask for information you do not already have
3. specify a reasonable period (for example, "1 September 2025 to date") within which a search for records should be made.

If Children’s Services have been involved with your family because they are concerned about the welfare of your children, then it is likely that you will know what the concerns are. 

Meetings may have been arranged and minutes taken and provided to you. Assessments and reports may have been prepared and provided to you. 

We can refuse requests that are manifestly unfounded or excessive. We may take the view that these apply if you have been provided with information already and have ongoing involvement with Children’s Services. 

If you are minded to make a request for information, please consider what it is you are seeking to achieve by having the information and what you actually need.

Please also ensure that you do not request something you have already been provided with. 

Allegations made against you

Where allegations have been made about you that were made in confidence or anonymously, we will not provide anything to you that might identify the person who made the referral.

If you feel that a referral is malicious, please contact the Police and ask them to request the information from us. 

We can refuse requests that are manifestly excessive.

The Information Commissioner's Office (ICO) has issued guidance on this and require us to consider all the circumstances of the request, including:

• the nature of the requested information
• the context of the request, and the relationship between us and the individual
• whether a refusal to provide the information or even acknowledge we hold it may cause substantive damage to the individual
• our available resources
• whether the request largely repeats previous requests and a reasonable interval hasn’t elapsed
• whether it overlaps with other requests.

We can also refuse requests that are manifestly unfounded.

Examples are: 

• where a requester clearly has no intention to exercise their right of access. For example, they make a request, but then offer to withdraw it in return for some form of benefit from the organisation; or
• the request is clearly malicious and is being used to harass the council  with no real purpose other than to cause disruption. For example, if a person:
  • explicitly states in the request itself (or in other communications) that they intend to cause disruption
  • makes unsubstantiated accusations against the council or specific employees, which are clearly prompted by malice
  • targets a particular employee against whom they have some personal grudge
  • systematically sends different requests to the council as part of a campaign (for example, once a week) with the intention of causing disruption.