Information Commissioner writes to local authorities demanding change in handling of care records requests

The ICO warned that people are facing “systemic and demoralising challenges” when it comes to their care records, finding that over two thirds (71%) of people struggled with poor communication from the local authority, and 69% said the process took longer than expected – with one person still waiting 16 years later.  

Meanwhile, when care records were received, over half (59%) did not receive enough information and nearly nine in 10 (89%) were left with questions or concerns.  

In light of its research, the ICO has today (9 December) launched a ‘Better Records Together’ campaign, which includes:  

• new standards for organisations on handling requests with care, as well as good practice measures to better support people from the moment they enter the care system; 
• advice for people requesting their records to help them to navigate the process and access support;  
• UK-wide supervision pilot running across 2025/26, monitoring the performance of 19 organisations to drive improvements. 

Meanwhile, the ICO has written to senior leaders to demand change in how requests for care records are handled. Organisations have been urged to:  

• implement the measures in the ICO’s new standards as a priority – “front line staff must understand how to handle requests with care and communicate with empathy”; 
• put sufficient resources in place – “ensure organisations can manage the volume and complexity of requests without delay and further harm”;  
• invest at the very start of the care records lifecycle – “build records with good practice and people’s rights in mind to reduce future challenges”.  

The letter is clear that if improvements are not made, organisations may face regulatory action.

John Edwards, Information Commissioner, said: “This is so much more than a request for personal information. These are people fighting to access their own biography – their own identity – that is in the custody of an organisation. It is a brave and emotional step. But these requests are too often met with cold bureaucracy, long delays and pages of unexplained redactions, which can have devastating consequences.  

“This current picture is unacceptable - but there are many people who play a role in creating better records and better access. As the data protection regulator, we can bring clarity to how these roles work together to thread people’s stories. We can build a clear pathway by ensuring everyone has the tools they need – equipping organisations with the certainty and skills to handle requests with care and compassion, and empowering people with the confidence and support to advocate for their own rights.”

He added: “Real change must come from the top - so today I am calling on local authority leaders across the UK to take urgent action. Improving this process starts at the beginning – when a child enters the care system, their information should be recorded with their rights in mind, knowing that they may request it later. This will reduce the administrative burden and keep the person at the very heart of the process, so future generations do not face the same struggle.”   

Responding to the announcement, Cllr Amanda Hopgood, Chair of the Local Government Association’s Children, Young People and Families Committee, said: “Councils want to ensure people have access to their care records without delay and to be able to move more quickly on releasing records. 

“However many councils lack the resource to do so, as a result of historic funding pressures. There is also the additional challenge of older records being generally paper-based, so this can require more work and take longer.”

Augusta Itua, Legal Consultant at CoramBAAF, said: "The ICO’s Better Records Together campaign represents an important step towards improving the experiences and outcomes for care experienced people seeking access to the information about their life and family history held within children’s social care files. By aligning with the standards and expectations set by the ICO, and drawing on the materials developed through the campaign, we hope that the process will become more person-centred and trauma-informed and better prioritise the rights and needs of care experienced people. We look forward to supporting our members in navigating the changes and contributing further to this important initiative.”

Lottie Winson