Access to records

General background on the issue

The dominant assumption is that often people brought up in care only need services when they are in care or shortly afterwards. There is very little recognition that being ‘in care’ has lifelong implications in exactly the same way that adoption does. The reality is that for many people who have spent part or all of their childhood in care, the repercussions of their care experience reverberates throughout their lifespan. 

The Children (Leaving Care) Act 2000 and Care Matters: Time for change (June 07) rightly addresses the importance of young people receiving high levels of support into their early adult life. However, these needs do not disappear at age 21 or 24 – whether it is education, health including mental health, relationships with birth family members or information about a childhood or adolescent in the care of the State. These issues need as urgent attention as the transition issues so that they can be properly addressed by policy, practice and legislation.

For many years now there has been a legislative framework in place and established practice to assist adopted people to access the support and services they may need across their lifespan. Adopted people can access information about their origins, family background and the circumstances of their adoption. Also, there are intermediary services to help them contact birth family members. The same opportunities and facilities do not extend to former care adults - although they are just as likely to share the same quest for information about their own personal history and desire to re-establish contact with family members.

Requests from former care adults for access to information from records of their childhood retained by the local authority, comes under the Data Protection Act 1998. The Data Protection Act, however, is not an effective way to meet the information needs of former care adults. There are restrictions on third party information and it does not take into account the particular plight of former care adults who mainly want to obtain a family history, including details of their parents and siblings.

BAAF's interest in this issue

BAAF is interested in this issue as we believe that assisting former care adults to gain access to information about their family and personal history, can be of untold value, not just for themselves, but for their children and family life.

The importance of this work should not be underestimated. It can provide answers to basic questions former care adults may have, and provide them with a fuller sense of identity about who they are and where they come from.

A recent survey of local authorities, Goddard, Feast and Kirton showed that the practices and policies for accessing information under the Data Protection Act varied enormously. Some local authorities believed that it was important for former care adults to be given the opportunity to receive support during the process of accessing information by offering an appointment to discuss some of the issues this action may raise for them. Others considered that this was not necessary.
 
The study reported that for many local authorities, services for former care adults are a neglected area in terms of policy, procedure, training and resources.

What BAAF wants to see happen, or how BAAF will be campaigning to make it happen

BAAF would like to see the development of accessible and good services provided for former care adults. It is crucial that there is a clear legislative framework, national policy and guidance to ensure that former care adults receive the services they deserve and need. Without this recognition and development of services, former care adults will continue to receive a second rate service compared to adopted people.
BAAF is coordinating a campaign with colleagues from the Post Care Forum and the Care Leavers’ Association. We hope that the current review of the legislation for looked after children will also ensure that the life long needs of former care adults are addressed.

Help from affected adults

It would be good to hear what people’s experiences are. We would welcome people's support or thoughts on this topic.

Goddard, Feast and Kirton, A Childhood on Paper: Accessing Files of Former Looked After Children in the UK (2005)