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3.11.14 Disclosure of Adoption Information (Post 30 December 2005 Adoptions)

Legislation

  • Adoption and Children Act 2002
  • The Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005


Contents

  1. Applications for Access to Adoption Records 
  2. Applications for Access to Birth Records 


1. Applications for Access to Adoption Records

1.1 Applications

Any person may apply to RKBC for the disclosure of protected information about any person involved in adoption from adoption records held by RKBC .  Applications may therefore be made by adopted people, birth relatives or any other person involved in an adoption for the disclosure of protected information. 

Protected information is defined as information which is about a person and contains identifying information about that person.

An application must be made formally in writing to the Adoption and Permanency Team.  The application will be acknowledged in writing within five working days.

On receipt of an application for the disclosure of protected information, reasonable steps must be taken to confirm:

  1. the identity of the applicant or any person acting on their behalf; and
  2. that any person acting on behalf of the applicant is authorised to do so

1.2 Decision-making

The adoption agency must consider the following matters before deciding whether to disclose protected information to the applicant:

  • The welfare of the adopted person
  • The views of the person to whom the information relates and if this is a child, his or her parents
  • All the circumstances of the case

Any views obtained, must be recorded in writing.

The agency cannot disclose identifying information about an adopted person to birth relatives without the consent of the adopted person. 

The adoption agency has discretion not to agree to the requested disclosure.  It must record its decision.

A written record of any disclosure made must include:

  1. a description of the information disclosed;
  2. the date on which the information is disclosed;
  3. the person to whom the information is disclosed;
  4. the reason for disclosure.

If a decision is taken to proceed with the requested disclosure, an agreement should be drawn up between RBKC and the following people, as appropriate, regarding the disclosure of protected information held about them:

  1. adopted persons, who should be over 18 at the time the agreement is made as to the disclosure of protected information about him/her;
  2. the adoptive parent/s;
  3. each birth parent who had parental responsibility prior to the making of the adoption order.

The agreement must include:

  1. the full names and signature of the persons who are parties;
  2. the date on which it was made;
  3. the reasons for making it
  4. the information that may be disclosed in accordance with the agreement
  5. an agreed restriction on the circumstances in which the information may be disclosed.

1.3 Independent Review

Should it be decided:

  1. not to proceed with an application from any person for disclosure of protected information; or
  2. to disclose information against the express views of the person the information is about; or
  3. not to disclose information about a person to the applicant where that person has expressed the view that the information should be disclosed;

the agency must give the relevant person written notification of the decision.

If a decision is taken not to proceed with an application for the disclosure of protected information, the local authority must give written notification of the decision, together with:

  1. the reasons for the decision; and
  2. advise the person that he/she may apply to the Secretary of State within 40 working days, beginning with the date on which the notification was sent, for a review by an Independent Review Panel of the decision made.

Once contacted by the Secretary of State informing the local authority that a review by an Independent Review Panel has been applied for, the agency must send to the Secretary of State within 10 working days:

  1. a  copy of the application for disclosure of information;
  2. a copy of the written notification;
  3. the record of any views obtained by the agency
  4. any additional information requested by the panel.

The agency must not take any action regarding its original decision before:

  1. the Independent Review Panel has made its recommendation; or
  2. if the person has not applied for a review within the 40 day period, the end of that period.

The agency must take account of any recommendation made by the Independent Review Panel before deciding whether to proceed with its original decision.

1.4 Counselling

The local authority must provide written information about the availability of counselling and the fees that may be charged to any person:

  1. who is seeking the disclosure of information
  2. whose views have been sought as to the disclosure of information about him/her
  3. who enters into, or is considering entering into, an agreement with the agency.

Where any of the above requests counselling, this may be provided in-house or arrangements can be made with another adoption agency, or a registered adoption support agency, such as After Adoption, to provide this service.

1.5 Disclosure of information for the purpose of counselling

Information may be disclosed (including protected information) which is required for the purposes of providing counselling to any person with whom an arrangement has been made to provide counselling.  Written records of any disclosure must be made.

1.6 Offence

If the borough discloses any restricted information, the agency is guilty of an offence and is liable on conviction to a fine.

1.7 Fees which can be charged by the agency

A fee,which is deemed reasonable, may be charged for the following:

  1. in respect of the disclosure of information under Section 61 or 62 of the Act.
  2. For providing counselling in connection with the disclosure of information; or
  3. For making arrangements to secure counselling.

A fee will not be charged to an adopted person in respect of any information disclosed to him/her with regard to any relative of his or for counselling provided to him/her in connection with any such disclosure.

The local authority must, before providing a service to any person for which it may charge a fee, give the person information about the fees to be charged.


2. Applications for Access to Birth Records

Where RBKC is the appropriate adoption agency, i.e. the agency responsible for placing the child for adoption, and an adopted adult requests information in order to obtain a certified copy of his or her birth certificate, he/she may apply to RKBC and should be given the appropriate information to enable them to complete the application form to obtain a copy of their birth certificate.  Where the borough does not have this information, this information should be sought from the Registrar General. The Registrar General must be provided with the following information:

  1. the name, date of birth and country of birth of the adopted person;
  2. the names of that person’s adoptive father and mother;
  3. the date of the adoption order.
The Registrar General must:
  1. disclose any information that the person requires to assist him to make contact with the appropriate adoption agency; and
  2. disclose any information about any entry relating to the adopted person on the Adoption Contact Register.
A fee, currently determined at £15.00 must be paid to the Registrar General.

End