Robin Harritt
2007-03-12 11:41:56 UTC
Have any of you enlisted legal help with regard to access to record / files
under either the adoption acts or the data protection / freedom of
information legislation in England or Wales? How did you get on?
My usual law firm has closed its family law department, I would be
interested to hear privately rather than on the group of any recommendations
that anyone may have for legal firms working in the access to records /
post-adoption field in southern England.
I've been asking Barnardo's for access to adoption and care files and
specifically items pertaining to my long dead parents. I'm also looking for
records of the names of half siblings on my (alleged i.e. not on b/c)
father's side. http://harritt.net/affiliation/ Prior to the coming in to
force of the Legitimacy Act 1959, Affiliation Proceedings were held in open
court and no reporting restrictions were in place. So in all likelihood
there is an old newspaper in a library somewhere that contains the
information that I seek. But why should I have to do that research if the
information is available in my own file.
There is an ever changing story by Barnardo's of what exists, what is extant
and what is not and ever changing reasons for not allowing access. As law
changes Barnardo's reasons for withholding files, changes.
I sought counsel from the late Alan Levy QC who described it as Kafkaesque
and akin to bad a episode of 'Yes Minister'. Given that Barnardo's have
managed apparently to mislay a whole reel of micro film for five tears then
suddenly have it magically reappear. More like a bad episode of Laurel and
Hardy really. Also shown it to counsel who represented Nugent against
Gunn-Rosso, but since that time (about whenever 9/11 was) I have obtained
the bulk of the files. But the copies I have been given are extremely poor
prints.
Last year I was being told that I have the whole file, this year I'm being
told that I don't the story keeps changing all the time. Truth is often of
very little interest to Barnardo's like many organisations in the UK it is
engaged in a glorified backside covering exercise to keep its legal
liability insurers happy.
So I now need to get Barnados to tell me what they are still withholding and
why, then decide whether that is reasonable and to protect disinterested
third parties mentioned on the file, or whether I can mount a challenge.
With Barnardos unfortunately it really is all prevarication and
procrastination and very little to do with duty of care or candour
protecting the individual and corporate backside really is always the number
one priority at Banardos
I've got to the stage now after 15 years where I am not too bothered what I
write about Barnardo's and access to my record, I feel I could stand up in
court and justify anything said here.
10 years to get parts of my own medical records from Barnardos, gives you
some idea.
Or should I just be happy that we Brit adoptees get a whole lot more
information about our origins- on demand- than most American adoptees do, do
you think?
__________________
Robin Harritt
Anyone who has any comment or information please call 020 7871 1835 or Fax
020 7691 9668 replace the leading 0 with 44 outside the UK. Skype: harritt
e-mail ***@harritt.info (this e-mail address is temporary and will be
deleted when it starts to attract spam) http://harritt.eu
*
under either the adoption acts or the data protection / freedom of
information legislation in England or Wales? How did you get on?
My usual law firm has closed its family law department, I would be
interested to hear privately rather than on the group of any recommendations
that anyone may have for legal firms working in the access to records /
post-adoption field in southern England.
I've been asking Barnardo's for access to adoption and care files and
specifically items pertaining to my long dead parents. I'm also looking for
records of the names of half siblings on my (alleged i.e. not on b/c)
father's side. http://harritt.net/affiliation/ Prior to the coming in to
force of the Legitimacy Act 1959, Affiliation Proceedings were held in open
court and no reporting restrictions were in place. So in all likelihood
there is an old newspaper in a library somewhere that contains the
information that I seek. But why should I have to do that research if the
information is available in my own file.
There is an ever changing story by Barnardo's of what exists, what is extant
and what is not and ever changing reasons for not allowing access. As law
changes Barnardo's reasons for withholding files, changes.
I sought counsel from the late Alan Levy QC who described it as Kafkaesque
and akin to bad a episode of 'Yes Minister'. Given that Barnardo's have
managed apparently to mislay a whole reel of micro film for five tears then
suddenly have it magically reappear. More like a bad episode of Laurel and
Hardy really. Also shown it to counsel who represented Nugent against
Gunn-Rosso, but since that time (about whenever 9/11 was) I have obtained
the bulk of the files. But the copies I have been given are extremely poor
prints.
Last year I was being told that I have the whole file, this year I'm being
told that I don't the story keeps changing all the time. Truth is often of
very little interest to Barnardo's like many organisations in the UK it is
engaged in a glorified backside covering exercise to keep its legal
liability insurers happy.
So I now need to get Barnados to tell me what they are still withholding and
why, then decide whether that is reasonable and to protect disinterested
third parties mentioned on the file, or whether I can mount a challenge.
With Barnardos unfortunately it really is all prevarication and
procrastination and very little to do with duty of care or candour
protecting the individual and corporate backside really is always the number
one priority at Banardos
I've got to the stage now after 15 years where I am not too bothered what I
write about Barnardo's and access to my record, I feel I could stand up in
court and justify anything said here.
10 years to get parts of my own medical records from Barnardos, gives you
some idea.
Or should I just be happy that we Brit adoptees get a whole lot more
information about our origins- on demand- than most American adoptees do, do
you think?
__________________
Robin Harritt
Anyone who has any comment or information please call 020 7871 1835 or Fax
020 7691 9668 replace the leading 0 with 44 outside the UK. Skype: harritt
e-mail ***@harritt.info (this e-mail address is temporary and will be
deleted when it starts to attract spam) http://harritt.eu
*