The applicant had been adopted as a child, and sought disclosure of the adoption records. The 1983 regulations gave a discretion to the Society, which had acted as adoption agency, to disclose information. The internal report to the society failed to analyze the appropriateness of the society’s policy, nor to examine the individual circumstances of the applicant’s case. She complained that the society had unlawfully fettered its own discretion.
Held: A balance has to be struck between disclosure and maintaining a confidence. Even so both the policy and the claimant’s own circumstances were to be reconsidered. Judicial review granted.
Judges:
The Honourable Mr Justice Scott Baker
Citations:
[2001] EWHC Admin 566
Links:
Statutes:
Human Rights Act 1998, Children Act 1975 25, Adoption Agencies Regulations 1983 15(2)(a), Adoption Act 1976 1
Cited by:
Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Lists of cited by and citing cases may be incomplete.
Adoption, Human Rights
Updated: 29 May 2022; Ref: scu.140351