CYFSA Decision 18

The complainant requested seven corrections be made to certain records in his Children’s Services Record under Part X of the Child, Youth and Family Services Act, 2017. The Durham Children’s Aid Society refused the correction request, and the complainant filed a complaint with the IPC for a review of the refusal. The complainant also challenged the reasonableness of DCAS’s search for records responsive to his request and alleged that certain DCAS staff who were addressing his correction request were in a conflict of interest.
DCAS subsequently granted the complainant’s request for two corrections. However, DCAS maintained that for the remaining five requested corrections the complainant had not demonstrated to its satisfaction that the records were inaccurate or incomplete, as required for the application of the duty to correct in section 315(9) of the Act.
In this decision, the adjudicator considers the correction provisions in the Act and upholds DCAS’s decision that the duty to grant a correction in section 315(9) of the Act applies in respect of two of the seven requested corrections. She also concludes that DCAS has granted the two required corrections in compliance with sections 315(1) and 315(11) of the Act. Finally, the adjudicator upholds DCAS’s refusal of the remaining requested corrections and the reasonableness of its search for responsive records, and she determines that the complainant’s conflict of interest concern is unfounded. In the circumstances, no order is issued.