Hello John
> Two observations.
>> Prior to the coming in to force of the Legitimacy Act 1959, Affiliation >> proceedings were heard in open court and reported by newspapers, so it is [quoted text clipped - 3 lines] >> or the top floor of Romford library, where appropriate newspapers still >> exist.
> 1) Then why not research it? At the moment because health problems prevent me from doing so, also because Barnardo's have a moral duty and perhaps a legal obligation to care in cases such as this.
> 2) Barnardo's will be concerned about negative publicity. If they have > information that you want and need, they will not be happy about your > publicizing the fact that they are not providing it to you. Indeed, I suspect that has been the main leverage in obtaining the information that has been forthcoming
> The first step in setting them up for such publicity is to pin them down. > [quoted text clipped - 5 lines] > clearly and concisely enough that anyone picking it up can figure out what the > situation is. That has been tried more than once, by me and by others, I even use quite expensive lawyers. Barnardo's now have to comply with the most recent legislation and can not refuse outright to provide all information on file. It should provide access to parts of the file that concern the individual seeking access. It should seek consent from others, it should within reason allow access to parts of the file that hold information about those who are deceased see Gunn-Rosso v Nugent Care and the SoS for Health
> If they refuse your requests, then they will look like weasels. To a lot of people, they already look like weasels and worse.
http://www.findarticles.com/p/articles/mi_m0LVZ/is_12_17/ai_90108597
<quote>
Mr Roger Singleton (Barnardo's) to the Health Committee on 1 June 1998, re Child Migration to Australia and Canada
"On the insurance matter, we are acting on legal advice. You will be familiar with the fact that risks are insured. The present position of our insurers is ultra cautious, to put it mildly, on anything which would remotely resemble making a public apology, and I do not think we need to dwell on speculating why that is so. We have taken legal advice on the position of our insurers and the legal advice to Barnardo's and its trustees is that we should continue to be cautious although we are continuing to press our insurers to try and ease their attitude where it is absolutely clear that by the standards of the time a particular migrant had a rough and difficult time. We want actually to be able to formally say sorry on behalf of the organisation. The only resources that the organisation would have to be able to meet, for example, any compensation claims which flow from that would be in relation to money donated for today's work and that does mean that the trustees have to take very careful account of the legal advice they receive."
<end quote>
No other child care organisation's insurers were so insistent or taken quite such heed of, my opinion is that Singleton and his colleagues were more concerned about the effect of bad publicity, but insurance seemed like a damn good excuse.
> And they will know that. This will cost them heartburn, substantial legal > fees, and just possibly some usable information. Barnardo's seem quite happy to spend large amounts of their beneficiaries contributions on lawyers' fees, rather than to negotiate a compromise over access to the outstanding part of the file. The attitude here seems to be that adopted people have very little right to know about their patrilineal family particularly those of it who were also born outside of marriage. Barnardo's is in many trapped in the 1950s in its thinking on these issues.
Robin
http://harritt.eu
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