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Children and Young Persons Bill [HL]

As I said in responding to the noble Baroness in Grand Committee, the issue here is practice on the ground, not the statutory framework, which we believe is appropriate. Regulation 8 of the arrangements for the placement of children regulations already requires local authorities and voluntary organisations to open a case record in respect of each child they place. Details of what must be kept are set out in these regulations and accompanying guidance. Local authorities are required to retain records for 75 years after the child’s date of birth. Under the Data Protection Act there is an existing entitlement for adults who were in care to have access to their personal information. Where the data controller cannot comply with a request for access without disclosing information that relates to another individual who can be identified, the data controller must comply with the request for access where it is reasonable to do so, even in the absence of the third party’s consent. And there is provision for individuals to apply to the court or the Information Commissioner if they are unhappy with the local authority’s response. The integrated children’s system, to which I referred a moment ago in responding to the noble Baroness, Lady Morris, and the detailed resources which have been produced to support it, aim to improve record-keeping still further. There is also guidance which highlights the need for local authorities to handle these issues sensitively and to provide appropriate support whether or not the information is available, which was another issue raised by the noble Baroness, Lady Barker. The noble Baroness asked me when the review of guidance under the Children Act would take place and whether there would be consultation. We are committed to introducing new guidance by the end of 2008. There will be full consultation on the guidance and we will work with statutory and voluntary sector organisations in developing it. I look forward to the noble Baroness encouraging all those who have a keen interest in this area to participate fully in that consultation.