7. Where an adoption order has been made by the court, AIR 4 specifies the information that the adoption agency must continue to keep on the child’s adoption case record. There may be some transitional cases where the child’s case record was established under the Adoption Agencies Regulations 1983 but where the adoption order was made after 30 December 2005, the agency is required to keep the information prescribed by AIR 4. This is referred to as 'section 56 information' which encompasses both identifying information and background information about the persons involved in the adoption. 

8. Identifying information is 'information which, whether taken on its own or together with other information disclosed by an adoption agency, identifies the person or enables the person to be identified' (see section 57(4) of the Act). Identifying information kept by the agency will be wide-ranging and includes:

  • information about the adopted person, their birth parents and other birth relatives, the adoptive parents and others, such as former carers, professionals involved in assessments and social workers, and may comprise of names, residential addresses, educational or employment addresses, legal and medical information and photographs or audio-visual material.
  • information given to the agency by a birth parent or birth relative (or other significant people in the adopted person’s life). It also covers information obtained from the Registrar General about an adopted person’s birth record and about an entry relating to the adopted person on the Adoption Contact Register.

Any identifying information, and information obtained from the Registrar General described in paragraph 4 is defined by section 57(3) of the Act as 'protected information'.

9. Background information will be information that does not identify any person or enables them to be identified. It will include, for example:

  • the child’s birth details and medical history
  • information about the child’s educational needs and progress
  • details of any hobbies and interests; and
  • other contextual information.

10. The agency must keep also: 

  • any information, mementos and photographs that have been deposited by a birth parent or relative or other significant person in the adopted person’s life with instructions that it be passed on to the adopted person at an appropriate time in their life.
     
  • any information supplied by the adoptive parents or other persons. This regulation also covers information in respect of other issues that may arise after the adoption order has been made, for example, where the adoptive parents have contacted the agency to request an assessment for adoption support services, including financial support.
     
  • any information that the adopted person has requested should be kept. This might include the adopted person’s views as to the disclosure of information about themselves or a formal expression of their wish for contact, or no contact, with their birth parents or other birth relatives. This regulation also covers any general correspondence that the adopted person may have with the agency after the adoption order has been made.
     
  • any information given to the adoption agency by the Registrar General that would enable an adopted person to obtain a certified copy of their birth certificate. This information would be sought by the agency if it receives a request from the adopted adult but does not hold the information. See section 79(5) of the Act.
     
  • any information given to the adoption agency by the Registrar General about an entry relating to the adopted person on the Adoption Contact Register.
     
  • any information required to be recorded in accordance with AIR 10, 14 or 18.
     
  • the record of any agreement for the disclosure or non-disclosure of protected information about an individual under AIR 11. 

11. AIR 4.4 provides the agency with the discretion not to keep information supplied under paragraph (3)(a) to (c) if it considers that it would be prejudicial to the adopted person’s welfare to keep it or if it considers that it was not reasonably practicable to do so. For example, the agency may decide not to keep an item supplied by a birth parent where it considers that the material is inappropriate or vexatious or where it was unreasonable to expect the agency to store the item because it was too large or too valuable.