Freedom of Information legislation grants the right of access to information held by public bodies, such as Somerset and North Somerset Councils (and predecessor local authorities), parish councils, schools, hospitals and the police. Data Protection legislation aims to protect personal information about living individuals. This legislation also entitles you to a copy of personal information that is held about you.

Due to these Acts certain archives held at the Heritage Centre are under restricted access. This is largely to protect people that are named within them. It is reasonable to assume a lifetime of 100 years, so we need to restrict access to these records until the end of a person’s lifetime. Therefore, records relating to infants, such as children’s home registers are closed for 100 years; records relating to children, such as school admission registers, are closed for 96 years; and records relating to adults, such as personnel registers, are closed for 84 years. Exceptions are records containing medical details, which are closed for 100 years, no matter the age of the subject.

Some depositors have also imposed restrictions on access to their records which we hold on their behalf. Details of archives with restricted access are listed in the table below. Our online catalogue also gives details about access to individual items. Some items may also be restricted due to their condition. Where possible we will try to assist you to view these records.

These legislations provide clauses which allow access to records in certain cases. For example, you have a right of access to see your own records. You may also be able to view records for statistical analysis of historical sources.

Records with Restricted Access

School Records:

84 years for staff records

96 years for pupil records

Court Records:

100 years for court registers (adult, juvenile and adoption)

84 years for other court files

100 years for details of sexual offences

Hospital Records:

84 years for staff records

100 years for patient medical details

For further information regarding access to Mental Health records please see our Mental Health Records guide.

Workhouse/Public Assistance Records:

100 years for records naming inmates of the workhouse or institution

Local Authority Records:

100 years for Coroners’ files

84 years for staff records

100 years for Social Service and Children’s’ Home records, etc., which name individuals

Building Control Plans:

Absolute closure for sensitive buildings, such as banks, courts and prisons

Citizens’ Advice Bureaux records:

84 years for case files

Methodist Records:

30 years for all records, not previously on open access in the Church (this is at request of the Methodist Church)

Catholic Church Registers:

110 years (this is at request of the Catholic Church)

Personnel and staff records:

84 years for any record containing personal information

The closure term normally runs from the last date in the record, so an item, which covers the period 1903-1948, and which is closed for 100 years, will be under restricted access until 1 January 2049.

How do I get access to restricted records?

All the forms listed are available on our website or by contacting the Heritage Centre.

1. Information about you

To request information about you held in the archives, you need to complete a Data Subject Access Request Form. Proof of ID also needs to be submitted, and it is helpful if you can provide as much information as possible (e.g. institutions attended, dates, etc). If your name has changed from the one which appears in the records, for example after marriage or adoption, we will also require proof of all name changes. Once we have received the form Data Protection legislation allows us one calendar month to provide you with the details in a permanent legible form. There is no charge for this service.

Please note in some circumstances we may need to contact the owner of the records to discuss your application. Where this is the case, we will advise you of this upon receipt of your application.

2. Information on a living person (with permission)

If you wish to find out information about a living person you need their written permission before information can be released. Once this permission is granted a Data Subject Access Request Form needs to be completed. The written permission should be enclosed along with proof of ID for both you and the relative. If there has been a name changed from the one which appears in the records, for example after marriage or adoption, we will also require proof of all name changes. Once we have received the form Data Protection legislation allows us one calendar month to provide you with the details in a permanent legible form. There is no charge for this service.

3. Information on a living individual, without their permission

Freedom of Information and Data Protection legislation do not grant right of access to third party information if that person has not given permission. If you wish to see information about other individuals without their permission or cannot prove their death, please write to the Service explaining what records you wish to see and the reasons for your research. We will then reply either granting permission or citing why you cannot view the records.

4. Research for statistical and historical analysis

Data Protection legislation allows access to records for research, as long as this does not identify individuals. For example, if you were studying birth rates, you would be able to view maternity registers to count numbers of births, twins, etc. To do this you need to contact us in writing in advance, explaining the reason for your research and the documents you would like to consult. If permission to view the records is granted we will ask you to complete a Historical Research Form. By signing the form, you agree to abide by the principles of Data Protection legislation in terms of your research. Unfortunately, we cannot allow records to be copied for the purposes of this research; they need to be consulted in the searchroom.

Please note in some circumstances we may need to contact the owner of the records to discuss your application. Where this is the case, we will advise you of this upon receipt of your application.

5. Information on a deceased individual

Data Protection legislation does not cover deceased persons. However, sometimes the information you need will be in a register under restricted access as it may contain information on other individuals who are still alive. While it is not possible to view such records in person at the Somerset Heritage Centre, you can request a search of such records by filling out two forms:

• Data Subject Form - Deceased Individual. Proof of death needs to be provided before the information can be released. If there has been a name changed from the one which appears in the records, for example after marriage or adoption, we will also require proof of all name changes.
• Research and Copying Request Form (a copy of which can be found in our research service guide). Such research is charged at the normal research service rate.

6. Records closed by the depositor

To use these records, please write to the Service with your request, including the reasons for your research, and we will contact the depositor on your behalf to ask permission for you to see the records.

7. Records in a fragile condition

Some of our archives, through age, wear and tear, are too fragile for research. Such documents are noted accordingly on our online catalogue. If possible, a member of staff will try and facilitate the consultation of these records, but unfortunately, at times the degradation of the records does not permit this. Fragile records are added to our conservation register.

Further information

Our Statement of Policy for Access to Restricted Records under the Data Protection and Freedom of Information legislation, is on our website, or can be provided by staff at the Heritage Centre.

If you have any questions concerning the Acts or access to records, please speak to staff at the Heritage Centre who will be happy to help.