Care leavers mired in red tape trying to get their own records
UK data watchdog demands public sector improves subject access request processing
UK public sector organizations need to improve access for those who want to see their own records of growing up in care, the Information Commissioner says.
John Edwards said today that requests for access to care records were often met with bureaucracy, delays, and unexplained redactions.
"We know frontline staff want to get this right but are struggling with lack of resource and guidance. Improving this process starts at the beginning – when a child enters the care system, their information should be recorded with their rights in mind, knowing that they may request it later," he said in a statement.
Under data protection law, individuals have the right to ask for personal information that an organization holds on them by making a subject access request.
However, research by the Information Commissioner's Office (ICO) in 2024 found that 71 percent of those applying for access to their care records struggled with poor communication from organizations, 69 percent said getting access took longer than they expected, with some people waiting many years, and 87 percent were left with questions or concerns at the end of the process.
Edwards urged the leaders of local authorities across Britain as well as health and social care trusts in Northern Ireland to improve their approach, adding that he would take action where necessary.
In August, the ICO served Bristol City Council with an enforcement notice for undue delays in providing access to child social care data, telling it to resolve the oldest cases within 30 days, create a plan to deal with the rest in 90 days, and provide it with weekly progress updates.
In June, it fined Scottish adoption advice charity Birthlink £18,000 after it destroyed around 4,800 personal records, including letters and photographs.
"Accessing the files from my childhood in care was one of the most important experiences of my life," said Dr Jim Goddard, chair of The Care Leavers Association, in a statement released by the ICO. "Anything that makes this process easier and clearer for us, such as this new ICO guidance, is to be welcomed."
The Local Government Association said that councils want to provide access to care records without delays, but many lack the resources to do so, particularly as many older records are on paper so require more time and work to process. ®