1 Feb 2003, 09:00

A woman who gave up a child for adoption many years ago was advised by Child Youth and Family Service (CYFS) that a social worker had disclosed her name to the adult child. The social worker contacted the adult child after the birth father asked CYFS for information about the child. The social worker gave the child a copy of the adoption report in which some, but not all, references to the birth mother's name had been deleted. The birth mother had placed an information veto on the file and had not agreed to CYFS disclosing information about her to the child. (An information veto is a statutory right under the Adult Adoption Information Act 1985.)

The woman complained to me. CYFS accepted that the social worker had improperly disclosed the mother's name to the child. On that basis I endeavoured to secure a settlement as provided by section 77 of the Privacy Act.

Settlement

The woman was greatly distressed by the disclosure and found it provoked strong feelings of grief, anxiety and guilt. She considered the settlement sum should take into account:
- the disclosure by the social worker and the distress she felt at not being informed about it for nearly a year
- the lack of an apology
- the nature of the correspondence from CYFS, which she felt displayed a lack of sensitivity and discretion
- the pressure she now felt to make the contact with the adult child
- the need she felt to remove her name from the phone directory and electoral roll to avoid being contacted, and
- the length of time it had taken to resolve matters.

CYFS agreed that the woman should be compensated for the pain and anxiety she had suffered as a result of the disclosure and that the amount should be fair and reasonable. CYFS offered a substantial financial payment in full and final settlement of all claims arising out of the breach. The woman accepted the proposal together with an apology from CYFS. She discontinued her complaint and I closed my file.

September 2003

Indexing terms: Disclosure of personal information – Child Youth & Family Service – Adoption – Name of birth mother disclosed to adult child despite information veto – Information veto placed by mother – Substance – Settlement – Compensation – Privacy Act 1993, s 77 (a)(i) – Information privacy principle 11 – Adult Adoption Information Act 1985, s 3