Newspoints.
Holmes, David
At the time of writing, it has just been announced that the
Children and Young Persons Bill will have its second reading in the
House of Commons on 16 June. This debate is likely to be followed by
committee stage before the summer recess. This gives BAAF and other
children's organisations an important opportunity to lobby for
changes to the Bill before its content is finalised and it becomes an
Act of Parliament. One of the key issues that BAAF will be high-lighting
strongly to MPs is that of access to care records by post-care adults.
Sharing memories, photographs and recalling significant events is
commonplace within most families. But adults who, as children, were
separated from their birth family by local authority care can experience
enormous difficulty in finding out about their childhood--information
which most of us take for granted. Many do not know even the most basic
details about their family history, the reasons why they were separated
from their family as children or even where to find such information.
It is estimated that 350,000 adults in the UK have spent part or
all of their childhood in foster or residential care. Each year, several
thousand seek access to their child care files, which have been retained
by the local authority. They do so for a variety of reasons, often
seeking to rebuild fractured identities and resolve deeply personal
questions about their origins. Yet for many post-care adults, trying to
access and receive information about their family background and time in
care can be a challenging and frustrating experience. Such information
requests come under the Data Protection Act 1998, which has third-party
restrictions and does not take into account the special circumstances of
post-care adults who mainly want to obtain a family history, including
details of their parents and siblings.
A survey of local authorities in 2005 showed that the practices and
policies for accessing information under the Data Protection Act varied
enormously and meant that some post-care adults were receiving a
second-rate service. Social workers and Access to Information Officers
often struggle with what and how much information can be shared with the
post-care adult. This is why BAAF will be seeking to table an amendment
to the Children and Young Persons Bill 2007, designed to improve access
to care files for post-care adults and to lay the groundwork for the
provision of better and more consistent support to those seeking to
discover and come to terms with their individual care histories. For
those of you who are interested in this issue and would like to learn
more, BAAF is running a conference on access to care records in London
on 11 September--see www.baaf.org.uk for more details. The conference
will provide an opportunity to hear the experience of post-care adults
directly. It will also seek to address the ethical, legal and practical
issues surrounding the disclosure of information to post-care adults
within the constraints of the Data Protection Act 1998 and explore how
these can be managed to ensure that they can obtain the information they
need about their family background and time in care. (Also see Goddard
et al, 'A childhood on paper: managing access to child care files
by post-care adults', pp 50-62 of this journal.)
David Holmes, Chief Executive, BAAF