Freedom of Information Request

[Fandabbydoos]

I want to apply to the police for records/statements/information relating to disclosures of sexual abuse from two of my children against an an ex partners son (my childrens half brother who was 16 at the time)

I reported the disclosures 4 years ago to the police when the children disclosed the sexual abuse to me.

Unfortunately no further action was taken after investigation due to lack of evidence.

My children have had no contact with the accused or absent parent or extended family since disclosures were made.

I can not express how difficult the past few years have been and the issues myself and my children have endured but i have done my best to support my children through their trauma. Both were refered to a sexual assault unit (after the investigation ended) and have recieved sone counselling although this has not resolved many of the still ongoing behavioural problems.

Do i have a right to request all information held by the police relating to my childrens disclosures?

If so under what grounds?

I have made an initial enquiry but have been told that unless there is a court case pending i will not be given access.

There is no court case pending. I initially (nievely) at the time of reporting expected to go to court because of the nature of abuse (my youngest child was 4 at the time and older child 12, the abuser was 16) but have tried to understand the legality of the no further action. However emotionally i have not been able to understand this and want to know exactly what was recorded and how it was investigated.

Do i have a right to request all information held by the police relating to my childrens disclosures?

If so under what grounds?

You are talking about a data protection subject access request not a freedom of information request. These are different things.

Data protection is about access to your own personal data whoever it is held by.
Freedom of Information is about access to any information held by a public body so the government, local authorities etc.

A parent can make a data protection subject access request on behalf of a child. The request is actually that of the child but as the parent you are acting like a 'next friend' or 'legal assistant'.

The Infomation Commissioner's office has more information about how to make a data protection subject access request on behalf of a child here:

ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/children-and-the-gdpr/what-rights-do-children-have/

There are a large number of exceptions that allow public bodies to say they are not going to comply with the request

ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/exemptions/

Some of these include crime, law and public protection, information required to be disclosed by law or in connection with legal proceedings, legal professional privilege, self incrimination and disclosure prohibited or restricted by an enactment.

If you make a request and they refuse to give you anything at all, then you can challenge this by requesting an internal review/using their internal appeals process and then if that still yields no joy complain to the Information Commissioner.

Remember though that this request is not your request but that of your children. You are acting on behalf of them to exercise their right to their own data.

You could also make a request for your own personal data (if you are referenced in this material) but it maybe there is none or nothing of value.

PerryMasonsFriend thank you so much for your reply and thank you for helping me.

I think the only information held about me would be a written statement taken by a police officer which is where i explainened the disclosure made to me (which was torturous as i now wonder if the disclosure had been made to someone other than me at least one other person might be able to understand or comprehend what happened) The rest are statements and video interviews given by the children.

To further complicate things i am dyslexic so i apologise if what i say seems like i am not paying attention.

Since your response i have found a form that i should complete for a subject access request for the relevant police force.

I have to give a reason for wanting the information and i am not sure the police will deem it in the best interest of the children for me to access to the information.

There are 2 reasons i want access,

I personally want to see statements, interviews and video interviews to try and understand why no further action was the outcome of the investigation.

Secondly my youngest child regularly asks to see their dad. For 4 years i have said i will not allow them to because i want to keep them safe. I have not mentioned that dad has not tried to make any contact because i don't want to upset my child any more than they already are. It seems highly unlikely dad will attempt to make contact informally or through court, therefore my reasons for wanting information are entirely personal.

However i think (since my child wants to see their dad) once my child reaches an age when they are able to access the internet/social media and they may search for their dad, find him and want to pursue a relationship.

I am rightly or wrongly hoping that if i have a record of exactly what was said by whom (especially the children in their own words) my child if they still wish to see dad can then judge for themselves whether they still want to have contact after digesting the information.

As it stands there has been no resolution because there was no further action so in a way it feels like my word against dads.

I have thought about the possibility of my child reaching 18 and them requesting access to records themselves if they so wish but i worry that there may be a time limit on how long police keep records of statements/video interviews ect and that it may then be too late. Also as my child wants contact with dad still now four years later they may want to find them before 18.

I have no idea if i am doing the right thing requesting the records or if it is in the childs best interests but to me it makes perfect sense.

I find it hard to not think emotionally about this ( not even sure if i am focusing on something impractical and impossible because i feel the need to do something) and my reasons as above (for purposes of filling in the form) do not seem valid also, on a practical level, not enough space on the form.

So in brief i think what i am asking is what reason can i put on the form in order to clearly and precisely explain why i want access? Or it this a futile excersice?