Research from ICO found that people are facing systemic and demoralising challenges when it comes to their care records. 

Over two-thirds (71 per cent) of people struggled with poor communication from the local authority and 69 per cent said the process took longer than expected – with one person still waiting sixteen years later.

When care records were received, over half (59 per cent) did not receive enough information and nearly nine in 10 (87 per cent) were left with questions or concerns.

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, especially from people who have already been let down by the care system in Scotland. 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.

“Real change must come from the top - so today I am calling on local authority leaders across Scotland to take action. We know frontline staff want to get this right but are struggling with lack of resource and guidance. 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.”

Jackie McCartney, care experienced campaigner and ambassador for the Rees Foundation, said: “I can remember the social worker arriving with my care records – she carried one old battered brown box. That was all I was worth. That box was my life story of residential care, with 16 years of my life inside.

“She told me not to worry – ‘there’s not a lot in there’ – but I wanted to talk to her. Because this total stranger knew more about my life than I did. She had read my story before I had, and decided what I could or could not see. These were my puzzle pieces of how and why I had become a child in care.

“I opened my box and looked inside. I can still feel the pain and disappointment. My records were not even in date order, with whole years of my life missing and no medical records. There were so many blank pages with nothing on, and so much information redacted.

“The whole process must have more compassion and care. I want organisations to see this is more than data, files and words on a page – this is real people’s lives and stories.”