Gaskin v. United Kingdom

Graham Gaskin (plaintiff) was a young child when his mother died, and the Liverpool foster-care system took custody of Gaskin. Gaskin remained in care throughout his childhood, living with a series of foster parents. During a tumultuous adolescence, Gaskin pleaded guilty to burglary and theft. After turning 18 years old, Gaskin attempted to obtain his file, created and held by the Liverpool foster-care system. Such records would have included reports of doctors, teachers, and residential school staff. Gaskin believed that he was poorly cared for as a child and that details about his past would help Gaskin understand and overcome his problems. In 1979, Gaskin brought a lawsuit for damages for negligence against the Liverpool care authorities and applied for his case records. The Liverpool authorities objected to the disclosure of Gaskin’s records, arguing that the files must be kept confidential to ensure the effectiveness of childcare services. The court denied Gaskin’s discovery request. On appeal, Gaskin’s request was denied again. Concurrently, Liverpool City Council created a subcommittee to develop a policy on accessing social-service files. The result was a disclosure policy that allowed for some information to be disclosed easily and prohibited providing other information without the approval of the person who contributed the record or data. Gaskin grew dissatisfied with Liverpool’s new disclosure regime, and Gaskin filed an application against the United Kingdom (defendant) with the European Commission of Human Rights (the commission). Gaskin argued that withholding information about his childhood in care violated multiple terms of the European Convention for the Protection for Human Rights and Fundamental Freedoms (the convention), including Article 8’s protection of Gaskin’s right to a private family life. Gaskin’s complaint was heard by the European Court of Human Rights.