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Local authority files

Lilythepink March 19, 2021 15:45

Hi

Does anyone, including AUK, have experience to share about getting access to LA files pertaining to their child.

A post-adoption social worker got access to our child's files and has given us a load of information about BPs (e.g. diagnoses, psych reports etc.) that weren't disclosed to us at the time of placement. They were all there in court reports so the SWs had the information.

I want it in writing as well as verbally from PAS.

Obviously there is a subtext here that original placing authority were both incompetent and sparing with the truth, but really I want the information because it directly pertains to my child, their development, diagnoses and needs some of which is likely to be inherited and we didn't know about it.

*Honestly, I find it hard to square what I know about SWs in my acquaintance who care about people they work with, and the culture of secrecy, witholding information and outright lying that seems to have pervaded this adoption team. But that's not the point now.

Lettice March 21, 2021 07:30

Hi LTP,

We had a similar experience to yours, years ago, and I'm still angry that information we needed was concealed by placing authority. There was information that was critically important for the safety and well-being of my children. It was simply not passed on. So I'm angry on your behalf, and your children's behalf, that this inexcusable bad practice is still happening.

I didn't access the LA files myself, but we had an excellent PASW who spent hours working through the files and compiled a detailed and factual written report of her own, which amounted to the missing pieces of the jigsaw that we needed.

Other adopters that I know have managed to access files themselves (but probably before data protection regs). I think they requested them on behalf of their children. But I have also come across adopters who have been refused access to anything with "third party" mentioned, or have received files that are so heavily pruned and redacted that they are of no help.

Would asking your PASW for a written version of their verbal communication to you be a good first step? While it is fresh in their mind/notebook.

Bee March 21, 2021 11:45

Hi Our experience was very negative - Few years ago for us now, but when we first had our adoption order with AS we asked Drs Surgery to provide pre adoption medical notes for him. They did, and there was some pretty grim reading. It included all police reports (which SS would also have gotten copies of) from several very serious incidents that had occurred to AS or when he was present. We didn't previously know a great deal of this stuff, some of it really upsetting to read, let alone to think AS had been though or seen. When we went back to AS's PAR as it was called then, so much of the stuff that we felt was very serious and pertinent, had been simply omitted or glossed over and we were very concerned what else SS had that may help us to look after AS or decode his behaviours appropriately. We were told by our SW that there was nothing more, the PAR gave us all information. We pressed for this in writing as we knew that there was more. They sent us a legal letter from the County Council Solicitors to say that we had no right to access any of his file as this was personal to him, and also that they could not legally release anything about anyone else involved such as BM and BD as this was private to them! We were told that we must wait until AS was 18 and then he could ask to see his file, but not us. We wrote to our MP who verified what the LA solicitor had said. Our PASW got very angry with us and said that we were accusing them of being dishonest by suggesting that the PAR did not have all the relevant information. At that point we disclosed to SS that we knew that there was more . They were very angry that we had requested his Dr's notes and said that we were in the wrong to ask Drs and that they were in contravention of data protection laws to let us have them! The implication was that we had been dishonest and deceitful! We asked if we could just look at the notes, in their office with a SW present and not take any notes, they refused this but did agree to get one of their SW to read through AS file and let us know if there was anything that was not in the PAR - Guess what - they reported back that there was not- we had everything, even though they have copies of the police reports that the Drs surgery have and details of some of these incidents where totally omitted from the PAR. Less so now, but AS used to have the most dreadful night terrors and having seen the police reports we could work out exactly were at least two of them originated and could comfort him and reassure him as we understood the root of the terror. I am so grateful to our Drs for giving us copies of AS pre adoption records- they have helped in many ways and especially with our own understanding and incite into things that AS only has preverbal and emotional memories of. Best £50 we ever spent! Interestingly it was unclear from the PAR what the final incident was that led AS being taken into care. (He was put on and taken off the at risk register 4 times in 18 months!) From one of the Police reports in the Drs records the suggestion was he was taken into care from hospital (which AS foster care verified). The PAR suggested something different, so I asked the SW that had gone though the records if they could confirm the reason AS was finally taken into care... SW gave me a different answer to what was in the PAR or the Drs records. funny that! Sorry to be so negative, but agree that we didn't understand all the secrecy.. We absolutely adore AS and any info that could have helped would have been such a blessing. I don't care what his birth parent's did or didn't do, it was in the past and led him to the point were he became our family.... We always have only cared about doing the best for AS in the here and now B

windfalls March 24, 2021 19:06

It is completely outrageous that this goes on. All information relevant to the child should be disclosed to the adopters. I really think that this is something which adoption UK should be pushing for and it would be good to have their input on this thread.

For any other prospective adopters reading this thread consider asking the magistrates bench/judge at the adoption order hearing to order the social workers to disclose all the child's file to you. Don't tell your social workers before hand what you are intending to do. A friend of mine did this and got access to her child's medical records as social workers were being less than helpful. This hearing is normally a formality to approve the adoption so if you ask for the file then and the adoption order has been granted SS can't do/ bully/ threaten you with anything.

Xx

windfalls March 24, 2021 19:08

Just to add at this hearing no lawyers are present if I remember rightly.xx

Lilythepink May 17, 2021 19:10

Hi

Firstly THANK YOU for your replies and SORRY I didn't respond sooner. I didn't get any alert saying there had been responses (must have changed a setting or something) so I thought no one had replied.

I am so sorry to read some of your experiences. Also dismayed. I agree, it would be great to get some AUK intervention on this.

Lettice - thank you for your suggestion. I have actually done exactly as you said and asked the PASW for written copies of their notes. They said their supervisor said no because "data protection". If I'm honest, I think this is bulls**t (not on the part of the PASW). So I can have this - very saddening - stuff read down the phone to me but I can't have it in writing. Hmm. I just don't think that's the purpose of data protection legislation.

Bee - I am speechless. I'm so sorry. Well done you for `being tenacious enough to get the information that would help your child. I am strangely grateful that nothing I didn't have access to was that serious and traumatic.

Also agree with you Windfalls. Don't know where prospective adopters would start with talking to the magistrate though? All of this was "mediated" by social workers so we never had contact with magistrates in the family court. Oh with the gift of hindsight...

I appreciate your replies anyway - and any further practical advice on making subject access requests for children's data as a parent.

I've just deleted a whole paragraph about our child's case. Maybe too revealing, maybe too ranty. Long and short: medical info which, if known from the offset, might have helped get specialist support sooner. The other thing pertains to poor care in an initial birth family placement, and I will never prove it, but will always suspect this was concealed because at the time of that placement, the option of coming straight to us from birth had been on the table.

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