A father complained about a refusal by the Children, Youth and their Families Service to release information to him. The father had requested access to the file relating to his daughter so he could use it in a Family Court hearing on custody and access.

He also complained to the Ombudsman about the Service's refusal to make this information available under the Official Information Act.

The Service had investigated allegations that the father had abused the child. These allegations were personal information about the father and I formed the opinion that they should be released as a compilation of extracts and summaries.

A small part of the file contained a mixture of information about the father, the child and another person. Section 29(1)(a) allows information to be withheld if its release would involve an unwarranted disclosure of the affairs of another person. The information was about the reactions of the child and the other person to the alleged actions of the father. I formed the opinion that the Service had a proper basis to withhold this information under s 29(1)(a).

The father's initial request was made on his own behalf. Subsequently he requested all the information on the file about the child and said he was entitled to this as her parent and guardian.

Principle 6 gives people a right of access to information about themselves. In this case I was not satisfied that the father was acting as the child's agent. He had his own interests in requesting the information which were not necessarily the same as the child's interests. Given that he wanted the information for use in custody proceedings, I considered that the Family Court was the most appropriate body to decide who should have it. Counsel for the child in those proceedings would be able to view the file and bring before the Court any submissions about disclosure.

As the Service gave the father information about the allegations as I had recommended, I discontinued my investigation.

April 1998

Indexing terms: Access to personal information - Children, Young Persons and their Families Service - Request by parent for information about a child - Allegations of sexual abuse - Privacy Act 1993, s 29(1)(a) - Information privacy principle 6