Navigating the public information rights ecology: a recordkeeping perspective on supporting information rights

Lead Research Organisation: University College London
Department Name: Information Studies

Abstract

Records and archives, as touchstones of memory, give organisations, communities, families and individuals access to their shared history and values. In family settings, written records and photographs document significant events (births, marriages, deaths), celebratory occasions (birthdays, holidays, anniversaries) and milestones (first day at school, passing an examination, getting a job). Family and personal records are increasingly created and held in digital forms: methods are emerging to assist personal digital recordkeeping. The proposed research will consider how we can better understand the information rights ecology in the public and voluntary sectors in order to support individuals and public authorities in navigating it, for both the public good and for individual information rights. Our data collection will gather qualitative data from data subjects; welfare professionals; information professionals; and users of research data in order to understand all four perspectives on the research questions.

Many records about the life of individuals are created and held outside the family unit by organisations and agencies with whom the individual interacts. In the health and social care field this includes local authorities (eg day centres, childcare, education), NHS hospital trusts and GPs (health care), charities and third sector bodies (eg mental health care, social care), national policy and data bodies such as NHS England and Health and Social Care Information Centre (HSCIC) and other agencies. In such a mixed economy of service delivery it is often unclear who is responsible for documenting the services individuals receive, recordkeeping systems are generally incompatible with those of other organisations, and no shared recordkeeping protocols exist. Attempts to share data between agencies for the public good (such as 'care.data' which proposed to link hospital episode data and GP data) have failed to build a social contract of trust about access to data sharing and information rights, privacy and the nature of consent and opt-out. Poor recordkeeping has had a negative impact on the running of public services and on the ability of inquiries into historic abuses to investigate fully (such as The Independent Inquiry into Child Sexual Abuse (IICSA). This research will achieve better understanding of the landscape and enable sharing of good practice and improved recordkeeping in future for citizens, professionals and researchers.

The impact of poor recordkeeping on individual lives comes sharply into focus in the specific case of children in care and those who leave care, who usually lack a family setting and family memories. A 2016 report on Care Leavers and Access to Social Care Files warns that care leavers seeking access to their own files face an information rights 'lottery'. Care leavers often have no family memories or records and yet the institutional records created about their lives frequently neglect the individual's needs, treating them as 'data subjects' and refusing to provide information about 'third parties' such as siblings or parents. As part of this research project we will co-create a recordkeeping protocol with the Care Leavers' Association in order to assist the implementation of the 2016 report recommendations.

Planned Impact

This research has been designed to have impact on both academic and on communities well beyond academia, including (1) policy-makers in information rights; (2) national, local government and third sector agencies who employ both health and social care professionals and recordkeeping and information professionals; (3) public and third sector bodies who deliver welfare services to citizens; (4) professional and practitioner groups especially those in recordkeeping; and (5) the wider public as represented through data subjects. These communities all form part of the information ecology we are studying. The project will produce these outputs: a co-authored recordkeeping protocol; a final symposium (60 attendees); 1 professional conference presentation (300 delegates); 2 seminar papers (professional & academic, 30 delegates each); 1 international conference paper (200-600 delegates); 2 academic journal articles (eg Health Informatics Journal and Government Information Quarterly, both worldwide reach).

The pathways to impact and our impact strategy are framed by the communities of practice directly engaged in the project, who represent the specific groups most likely to be interested in the research and therefore best placed to support research impacts. The participatory approach to engagement with data subjects, representing a wider public (5) enables a key group of beneficiaries to frame the progress and approach to the research in a way that will focus on their concerns. Co-development of a recordkeeping protocol to support the implementation of the findings of the Care Leavers report, will provide a significant opportunity for collaboration and the communication of research findings. It should result in improved approaches to creating, preserving and making accessible records relating to individuals who have been in care.

The research will also contribute to the public debate (in the UK and internationally) about data sharing and linked data and the social contract of trust, informing policy making in information rights (1). We will seek to improve understanding of and approaches to recordkeeping among health and social care professionals and their employers (2 and 3 above), so that health and social care services are properly recorded and informed for the benefit of patients, the lives of children in care are better documented for the benefit of the care leavers, but also so that inquiries into historic abuse can be properly underpinned by documentation. We will work with the Access to Care Records Campaign Group and Care Leavers' Association to develop this strand of impact, including a co-created recordkeeping protocol.

Recordkeepers, information professionals, and information access officers (4) need to be kept up-to-date with changes in the legal framework and guidance on best practice. We have the agreement of the IRMS Working Group (set up to advise information professionals about recordkeeping considerations to support IICSA) to work with us on this project, so that this research provides a timely intervention with the potential for policy and practice impact. Working with IRMS and ARA (both represented on the Advisory Group), we will contribute to revisions of the Data Protection Code of Practice. We will disseminate research findings to information professional practitioners by making at least one professional conference presentation (eg Information and Records Management Society (IRMS) annual conference, attended by 300 recordkeeping professionals and practitioners), via the Charity Archivists and Records Managers Group (CHARM), writing updates for professional newsletters eg IRMS Bulletin and via the project website.

We will also draw all groups together in the final phase leading to a symposium (for 60 delegates) which will enable the researchers to share the findings and understandings of each perspective with all the groups and agree some cooperative future actions.
 
Description Our research showed that care-experienced people of all ages often have a deficit of self-knowledge about their childhoods, a finding substantiated by studies in social work. This deficit may manifest as gaps in their memories, an inability to explain why they were in care or confusion about what happened to them. Alternatively it may relate to critical factors of identity and sense of self, such as ethnicity, the name of one or more parent or personal health status. In the absence of family archives and stories, many care leavers turn to their 'care files' later in life for answers. These organisational records are their personal histories, fulfilling emotional, memory and identity needs for which they were not originally written.
However, we found that the access process is both emotionally and practically challenging, highlighting multiple recordkeeping issues of power, self-determination and ownership. Care leavers must first identify the organisation/s to request their records from, before navigating idiosyncratic procedures that are often poorly explained in unfamiliar language and using specialist terminologies. Care leavers have little guidance about how to access their records and often lack the emotional and practical support needed to undertake the process. Waiting times can be excessively long, exceeding the compliance deadline for Subject Access Requests under the UK Data Protection Act 2018. At the other end of the process, information professionals report difficulties in processing requests due to limited resources, poor physical and intellectual control of records and a lack of adequate training. Practitioners are ill-equipped to provide the support that care-experienced people need, both in order to understand the context of their care and to process the emotional impact of revisiting what may be difficult or traumatic events.
When records are received by care leavers they are generally inadequate to a person's memory and identity needs. This inadequacy is written into the records, when creators fail to account for the multiple viewpoints inherent in a child's narrative, only capturing organisational, subjective, biased or prejudicial perspectives. More recently, digital recording systems have restricted the form and content of records, managing information through check boxes, word limits and fixed workflows rather than rich narrative. This change to recording, which focuses on safeguarding through the management of risk and performance, has meant that while content is more evidence-based and balanced it is also less useful for remembering and self-efficacy.
The limited capacities of records to fulfil the needs of stakeholders are compounded by the process of redaction at the point of access. The summary removal of so-called 'third party information' works to obscure the details that a person needs to make sense of their history. MIRRA found that this problem arises from poor understanding of the legislative and regulatory framework for both child social care recordkeeping and data protection. The result is that the needs and wishes of the people impacted by child social care are inadequately served by their care record.
Exploitation Route Information and social work professionals (and their professional associations, including BASW, ARA) can take the findings and we have translated them into practice guides; and we have provided briefing notes for compliance and advisory organisations including ICO, Ofsted.
Sectors Communities and Social Services/Policy

URL https://blogs.ucl.ac.uk/mirra/resources/;https://www.youtube.com/playlist?list=PLIxEKZAfBRCij3qPuX98ucTnAhq2a09QH
 
Description MIRRA has improved care-experienced people's lifelong access to their records through human-centred professional practice and public policy changes, having identified three groups whose rights and responsibilities need to be in balance to enable rights in records to be exploited for the public good: care experienced people, information and social care professionals, and public policy makers. 1. Improving care experienced people's agency and understanding of their information rights as citizens and providing expert guidance through FamilyConnect and the Care Leavers' Association 2. Improving recordkeeping best practice for information, data protection and social care professionals 3. Improving policy makers' understandings of the operation of the Data Protection Act on looked after children's information rights
First Year Of Impact 2017
Sector Communities and Social Services/Policy,Culture, Heritage, Museums and Collections
Impact Types Cultural,Societal,Policy & public services

 
Description HEIF Knowledge Exchange Fund (Enterprise and Innovation)
Amount £15,000 (GBP)
Organisation University College London 
Sector Academic/University
Country United Kingdom
Start 01/2019 
End 10/2019
 
Description Research Partnership with The Care Leavers' Association 
Organisation The Care Leavers' Association
Country United Kingdom 
Sector Charity/Non Profit 
PI Contribution The research team has worked with The Care Leavers' Association to understand how our research can support their aims and objectives, specifically relating to access to records for adult care leavers. We have attended events of their advocacy campaign, the Access to Care Records Campaign Group (ACRCG) at the House of Lords, and provided them with access to our findings to support the development of their agenda for legislative change.
Collaborator Contribution The CLA has contributed the time of one of their project managers who participates in both the participatory research group and the project's advisory group. This project manager has helped us to recruit care experienced participants for our work and has also attended a number of conferences to contribute to the dissemination of the research.
Impact Conference workshop, Archives and Records Conference (Glasgow, August 2018) - 'I'm not a historical case, I'm still breathing': Access to records for memory and identity Conference workshop, Discovering Collections, Discovering Communities Conference (Birmingham, November 2018) - The MIRRA Project: Supporting care leavers' memories and identities through access to archives
Start Year 2016
 
Description partnership with family charity, Family Action 
Organisation Family Action
Country United Kingdom 
Sector Charity/Non Profit 
PI Contribution MIRRA's Principles for Caring Recordkeeping shaped the design and provided the content for a new web resource, FamilyConnect, created in 2020 by Family Action, a charity that provides practical, emotional and financial support to disadvantaged families across the UK. MIRRA's care experienced co-researchers reviewed the content, design, and look and feel, making significant changes to the language and visuals proposed. FamilyConnect provides support and expert guidance for the 4000 care leavers who seek access to their care files annually and was viewed by 2,264 users; 12,317 page views by December 2020. Julia Feast, an adoption specialist, called the website 'a unique source of help and advice for these people. It's a much needed resource which will continue to grow and aid this community'. FamilyConnect won the 2020 UCL Public Engagement Community prize.
Collaborator Contribution Family Action undertook all the design, presentation, content upload, user testing, and continued updating and maintenance and development of the web resource.
Impact Website as above
Start Year 2018
 
Description Care Experienced Conference 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Patients, carers and/or patient groups
Results and Impact a workshop with 20 delegates, a stall in foyer, leaflets distributed. Total attendance was 200 people, with 150 being care-experienced adults and young people.
Year(s) Of Engagement Activity 2019
 
Description IRMS conference keynote 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Keynote to Information and Records Management Society conference of information practitioners.
Year(s) Of Engagement Activity 2019
 
Description International Council on Archives Conference keynote 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Major international information practitioners conference which influenced thinking around the world among archivists and information managers about care records.
Year(s) Of Engagement Activity 2019
 
Description MIRRA Symposium 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Opening and closing remarks; panel presentations; results from 'MIRRA: Memory - Identity - Rights in Records - Access' project; attendees included, care experienced, information managers, social workers
Year(s) Of Engagement Activity 2019
 
Description National Leaving Care Benchmarking Forum 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact presentation to social care practitioners, mostly leaving care workers and managers to influence their practices around social care recording
Year(s) Of Engagement Activity 2019
 
Description Paper given at Difficult Heritage Conference, York, April 2018 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Postgraduate students
Results and Impact An exploratory paper exploring the relationship between recordkeeping and transitional justice processes for child sexual abuse was delivered at this conference. The aim was to raise the themes of the research project with an audience of academic researchers in the history discipline. Following the conference an extended abstract for the paper was submitted for the publication of conference proceedings and was accepted. This is expected to appear in 2020.
Year(s) Of Engagement Activity 2018
 
Description Paper given at Memory, Identity and Trust conference, Dundee, 25-27 April 2018 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact A paper about the project was given as part of a panel on Recordkeeping and Out of Home Care to an audience of archives and records practitioners and researchers. The panel was a collaboration with colleagues at Monash University who have been working on similar questions in the Australian context and as such it helped to reinforce an international relationship which we hope will develop into funded partnerships. We also began to form a knowledge exchange partnership with practitioners in Scotland, which again we hope to develop as an avenue for impact.
Year(s) Of Engagement Activity 2018
 
Description Project advisory group meetings (x 2) 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact We have recruited a board of 14 project advisers who represent key stakeholder groups and sectors. The group has met twice thus far, and has supported us in refining our research, making contacts and building relationships with collaborators and partners in the social care sector.
Year(s) Of Engagement Activity 2017,2018
 
Description Research design workshops with care experienced participants (x 4) 
Form Of Engagement Activity A formal working group, expert panel or dialogue
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Study participants or study members
Results and Impact Research design workshops have been held regularly with a group of six care-experienced co-researchers, who have participated in the design, delivery and dissemination of the research project. Each workshop has sought input on a specific element of the research process, and has led to adaptations and changes in the research design so that it best meets the needs of care-experienced people. These events have been integral to the research process. However, they have also led to new partnerships, for example with organisations that group members work with.
Year(s) Of Engagement Activity 2017,2018,2019
 
Description Scottish Government Data Protection Network 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact talk to data protection practitioners, predominantly local and national government about social care recording
Year(s) Of Engagement Activity 2019
 
Description Seminar for the Independent Inquiry into Child Sexual Abuse, 22 May 2018 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Members of the research team presented the research at a lunchtime seminar for employees of the Independent Inquiry, including panel members. The aim was to raise awareness of the critical importance of record-keeping issues for care experienced people, including but not limited to those who have experienced abuse. As a result of this session we opened a dialogue with a panel member about record-keeping, and hope to support IICSA in its recommendations in this area.
Year(s) Of Engagement Activity 2018
 
Description Workshop with academic researchers, archives and records practitioners and social workers on access to records, 6th February 2019 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact This day-long workshop brought together academic researchers who use child social care records for their work with archives practitioners (who look after them) and social workers (who create them) to discuss different perspectives on access rights and responsibilities. The purpose of the session was to establish an ethical and methodological framework for negotiating records' retention and access, balancing the public benefit of research against the information rights of the individuals in the records. The framework will ultimately be an outcome of the session, as will a briefing paper on the research value of records to the Independent Inquiry into Child Sexual Abuse. Attendees also discussed the potential of a larger piece of research considering the recordkeeping infrastructure for social care research.
Year(s) Of Engagement Activity 2019
 
Description Workshop with archives and records practitioners at Archives and Records Conference, Glasgow, 30th August 2018 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact In collaboration with two of our care-experienced researchers we facilitated a workshop on the value of child social care records to an audience of archives and records professionals. The session actively engaged practitioners in thinking about how our research is relevant to their own work. Afterwards data from feedback postcards suggests that the majority of participants will change their approach to working with care leavers as a result.
Year(s) Of Engagement Activity 2018
 
Description Workshop with cultural heritage practitioners and researchers, Discovering Collections, Discovering Communities conference, Birmingham, 21st November 2018 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact In collaboration with one of our care-experienced researchers we facilitated a workshop on the value of child social care records to an audience of 30 cultural heritage practitioners. Through hearing personal testimony and a range of interactive exercises they were encouraged to this about the complex cultural and personal significant of child social care records. Analysis of feedback postcards after the event showed a high level of personal and professional impact with delegates describing how this will effect their working practices, both in this field and in analogous contexts.
Year(s) Of Engagement Activity 2018
 
Description Workshops with social care and information practitioners (Post-Care Forum) 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Professional Practitioners
Results and Impact The research team presented an introduction to the MIRRA project to members of the Post-Care Forum of social care practitioners and information professionals who manage access to social care records in the London and South Western regions. Attendees were then engaged in two research exercises which generated responses to the research questions in the form of knowledge exchange. A report was subsequently written by the MIRRA research associate and circulated to the Post-Care Forum members who were unable to attend. A second workshop allowed attendees to respond to the findings of the first, adding nuance to the debate that was generated. Several significant parent organisations became involved in the research as a result.
Year(s) Of Engagement Activity 2018