Chapter 9: Access To Information
270. The importance of facilitating greater openness
in adoption has now been recognised for a number of years. Many
adopted persons express a strong need, particularly as adults,
to be able to access information about their birth families and
the circumstances surrounding their adoption. BAAF explained how
awareness of these issues had developed:
"Over the years adoption agencies have grown
in their understanding of the importance of providing as much
information as is possible to the adopted person. The information
provided can help adopted people gain a greater sense of who they
are and where they come from. It can help them answer basic and
important questions about their lives and enables them to make
informed decisions that may profoundly affect their lives. It
can also help them to locate birth relatives with whom they would
like to be in contact."[288]
The need to access information about an adopted person
can be felt equally strongly by birth relatives.
271. A range of witnesses suggested that the
Adoption and Children Act 2002 had made it considerably easier
for adopted persons and their birth relatives to access information
about an adoption, and to establish contact with one another where
desired.[289] Evidence
received from those with experience of providing services to those
seeking information about an adoption, however, highlighted three
concerns about the current legislative framework.
Access to information by descendants
of adopted people
272. The descendants of adopted persons seeking
access to information about the birth family of the adopted person
can currently face significant barriers, depending on the amount
of information already within their possession. Regulations[290]
provide that adopted persons and 'relatives' of an adopted person
may apply for an intermediary service to assist in obtaining information
about an adoption, and to facilitate contact between adopted persons
and their relatives.[291]
The descendants of an adopted person, however, do not fall within
the scope of the word 'relative', as defined in section 98 of
the 2002 Act.[292]
273. In practice this means that whilst birth
relatives are able to take advantage of the Regulations to help
trace descendants of the adopted person, the descendants of the
adopted person are unable to seek assistance to contact surviving
birth family members of the adopted person. We received evidence
stating that this can be a significant problem for the children
and grandchildren of adopted persons trying to establish their
own genealogical background.[293]
274. We believe that the exclusion of descendants
of adopted persons from the definition of relatives in section
98 of the Adoption and Children Act 2002 creates an unfair anomaly
in the legislation. This can be a cause of significant distress.
We recommend that the Government amend section 98 of the Act to
bring within its scope the direct descendants of adopted persons.
The Adoption Information and Intermediary Services (Pre-Commencement
Adoptions) Regulations 2005 should be amended accordingly.
Resourcing of intermediary services
275. Concerns were expressed more generally about
the limited resourcing of intermediary services and resulting
delays for those trying to access information.[294]
NORCAP advised that funding pressures had impacted particularly
harshly on birth relatives seeking assistance in accessing information
and making contact with an adopted person.[295]
After Adoption highlighted the "dramatic reduction"
in the number of local authorities offering services for birth
relatives.[296]
276. The legislative framework provides that
whilst birth relatives may request an intermediary service from
the local authority, there is no statutory obligation on the local
authority to provide the service.[297]
Some local authorities have therefore declined to do so. If the
local authority does not provide this intermediary service, birth
relatives must seek help from the voluntary sector, who will charge
a fee. We were informed that this had resulted in a number of
birth relatives, often elderly birth mothers, being unable to
access services because of the costs involved. [298]
277. We are concerned about the predicament
facing birth relatives who are unable to access an intermediary
service because of the high level of fees. We urge local authorities
who do not provide an intermediary service to birth relatives
to consider providing the service as part of their post-adoption
support services or through the commissioning of a voluntary sector
provider.
Disclosure of identifying information
in England and Wales
278. We received evidence regarding an anomaly
between the information which will be disclosed to an adopted
person applying for access to information in Wales[299]
and those applying for such information in England.[300]
Statutory guidance accompanying the Adoption Agencies Regulations
in England suggests the agency has discretion to disclose both
identifying and non-identifying information to the adopted person,
depending on the particular circumstances of the case.[301]
The relevant guidance in Wales is more restrictive, suggesting
that only non-identifying information can be disclosed.[302]
Adopted persons seeking access to information in England are therefore
in a more favourable position than adopted persons in Wales.
279. We are concerned that differences in
the Statutory Guidance between England and Wales create an inequality
in access to information about an adoption. We invite the Government
to draw this matter to the attention of the Welsh Government,
with a view to ensuring that adoption agencies in Wales have the
same discretion as those in England to disclose identifying information
to adopted persons in appropriate cases.
288 BAAF, written evidence Back
289
Written evidence from AdoptWestMids, Bradford Metropolitan Borough
Council, Tri-borough Partnership Back
290
The Adoption and Information Intermediary Services (Pre-Commencement
Adoptions) Regulations 2005 Back
291
Adoption Information and Intermediary Services (Pre-Commencement
Adoptions) Regulations 2005, s 5. Section 4 of the Regulations
defines an intermediary service as assisting adopted persons to
obtain information in relation to their adoption and facilitating
contact between such persons and their relatives. Back
292
Sec. 98(7) of the Adoption and Children Act 2002 defines 'relative'
as "any person who (but for his adoption) would be
related to the adopted person by blood (including half-blood),
marriage or civil partnership. Back
293
Written evidence from BAAF, SEPAN Back
294
Written evidence from SEPAN, Tri-borough Partnership Back
295
NORCAP, written evidence Back
296
After Adoption, written evidence Back
297
Section 98 and regulation 3 of the Adoption Information and Intermediary
Services (Pre-Commencement Adoptions) Regulations 2005 Back
298
NORCAP, written evidence Back
299
Adoption Agencies Regulations 1983. Back
300
Written evidence from BAAF, NORCAP Back
301
Access to Information and Intermediary Services Practice Guidance,
2008, paragraphs 41-49 Back
302
Adoption Information and Intermediary Services (Pre-Commencement
Adoptions) (Wales) Regulations 2005 Guidance, paragraphs 6 and
32 Back
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