When adults attend the Family Court, people write reports, make notes and record information about children. Social Workers, CAFCASS officers, Solicitors and Judges may all write things that the Court rely on to make decisions about a child’s or young person’s life.
It can be challenging for a young person to access information held by the Court, whether that is information about their parents or family members, or even themselves. These challenges can be the same for a young person who wants to access their files within the Local Authority, even where there were no Court proceedings.
But what if a young person wants to know what was written about them or what was written about a family member? Many do not know that they may have rights to ask for access to information held about themselves. The only exception to this, is Adoption cases which remain confidential.
The Family Justice Council have created guide for young people which can be found useful to those seeking to access this information.
The Council have provided easy to read process maps (flow charts) to assist a young person, which informs that a young person can make a Subject Data Access Request (SAR) to the Local Authority that was involved with them. Firstly, the Local Authority will consider whether a young person is of a sufficient age to receive such information and their maturity and ability to make such a request. This is often considered to be young persons aged 13 and older. If is considered a young person is not able to receive the information, consent is required from the young persons legal guardian or parent.
If a young person is still involved in a legal case, then their solicitor, if they have one, can make an SAR on their behalf. If the case is closed, then the child or young person can provide proof of identity and their consent to the Local Authority, to seek an SAR. The Local Authority will then review any records and consider whether the information can be provided. If the request is refused, then the Local Authority must provide information of what further steps can be taken to challenge the decision.
If the request is granted, the Local Authority will gather the information (excluding Court documents) and make any necessary redactions, prior to this being shared with a child or young person, or their solicitor or parent.
If you or a young person known to you wishes to find out more information about this, please visit https://www.judiciary.uk/related-offices-and-bodies/advisory-bodies/family-justice-council/resources-and-guidance/disclosure-to-children-and-young-people/
We at Johnson Astills know involvement with social services can be frightening. If you and your family are involved with social services and you would like some support with this, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
