Accessing LAC records as a parent.

[EdgeofTon]

Hi
I have two teens in foster care.i want to view the foster carers daily logs. Am I able to get these whilst they are still in care as a FOI request?

It wouldn't be an foi, might be possible as an sar instead but that will depend on lots of factors like the age of the children and what category of care they are under

If they're teens you might need their permission before the LA will release anything.

Even if you were able to get them, the council processes would take time. You wouldn't get them the next day or even the next week. It would likely take several weeks to get a batch to you.

Why do you want them op, is it to see how they are daily of are you concerned?

This would be a subject access request under data prorection regulations. Under data protection you are only entitled to information about yourself. You can see information about your children if they are judged to be to young too object to disclosure and you have parental responsibility. Generally below age 13. Once children reach 12/13 then Gillick competency has to be applied and if the child is judged to be competent to decide if the information requested should be released to a parent, then the child has to be asked if they consent to the parent receiving the information or not. You can request the information but you may not receive all the information you ask for.

I want to see evidence of claims the foster carers are making about the children. My children are telling me that they have told the FC and SW things are are being ignored, so I need evidence that these are things haven't been logged or discussed. To show that they are being dismissed.
Also the FC ans SW have made claims about my sons behaviour that he disputes, so I want to see what has been logged and so I can help him. He is being labelled as agrees I've and violent and having said certain things, he says thisvisnt true. So I want to see what evidence they are using to prove he is.

Wonderful thanks. This is my next issue. I keep requesting consent from the children for FOI and I'm being ignored. But I needed to understand the process thanks

Gillick competency should only be used in regards to medical cases, I have heard sw try and use gilliick and the judge threw it out as irrelevant for non medical info. Also gillick is about consent really being used wrongly again

Oh I have time! This is about my kids voices being actually heard rather than anything else.

Full care order 14 and 16

As the LA has parental responsibility for the children too, I think they'd use this as the basis to deny your request. Ie they'll act as the children's voice.
Can you request information or raise queries at the next LAC review or talk to the IRO. After all, that is the purpose of the IRO, to ensure the children's needs are being met by the LA.

Maybe you should back off and start proactively working with the professionals who have had to step in and look after your children rather than trying to stir things up.

If your children are declining to give you permission then perhaps you should listen to their wishes?

Why are they in care?

Children of 14 and 16 will be asked to consent to the release of their data to yourself and if they refuse, you will not be able to access the data you seek. The FOI process does not apply to personal information, you are seeking information under the data protection process.

It's a subject access request you need to do not an FOI. Gillick is medical afaik but you will still likely need the children's consent, info can be withheld if it's deemed necessary for safeguarding reasons. The ico have lots of info and a live chat ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/childrens-information/children-and-the-uk-gdpr/

I am a foster carer.

I have to submit weekly reports of what the children do each day, illnesses, achievements, education, medication, appointments etc.

I very much doubt these will be available for the children's parents to read and a lot of the information would no doubt be redacted.

We need to know we can do a good job and report back to social workers confidentially!

We also need to be able to keep the whereabouts of foster children and
our own families safe from the child's
birth families.

Maybe your children feel they can be more honest with their foster carers and SW than you? And feel they need to tell you what you want to hear?

As far as I know you can only do a FOI/SAR request for your own information. Your children's legal parent is the LA.

Give them few more years and no one will be able to restrain the kids to come and see you personally. Leave it for now.