Scottish Court service explains divorce records restrictions

On October 27th I blogged that there something was afoot with the Scottish divorce records, and the possible closure of records less than a hundred years old (see http://britishgenes.blogspot.co.uk/2015/10/closure-on-historic-scottish-divorce.html). In this post I noted that I had contacted the Scottish Courts and Tribunal Service for clarification on this, and was awaiting confirmation from their end as to exactly what was closed, why, and what access was still possible in certain cases.

I followed this up with a further news announcement from the National Records of Scotland (www.nrscotland.gov.uk) on November 3rd, detailing some subsequent restrictions caused by the SCTS decision on the Register of Divorces at the ScotlandsPeople Centre (www.scotlandspeoplehub.gov.uk) from 1984 onwards, which notes Sheriff Court judgements from that period onwards (see http://britishgenes.blogspot.co.uk/2015/11/access-to-scottish-divorce-records-to.html).

True to their word, the Scottish Courts and Tribunal Service has now come back to me with an official response:

SCTS has decided that it is necessary to put a closure period on the records of historic divorce cases in the Scottish Courts. All divorce cases, that is Sheriff Court (post-1984) and Court of Session, are closed for 100 years from the date of the case. Divorce papers can contain additional personal data and the restriction is in place to avoid that material being made public inappropriately. The closure was implemented on data protection grounds because these records can contain information that could cause substantial distress to identifiable individuals if made public. This issue was brought into sharp focus by a particular case and for privacy reasons relating to the affected individuals we cannot enter into discussion about that case.

This restriction does not apply to the fact of the divorce, the date of the divorce, the court in question or the names of the persons divorced. That information is still available from the Scottish Courts and Tribunals Service or for Sheriff Court (post-1984) from NRS. The parties can get a copy of their divorce/dissolution extract by applying in writing to the court which granted the divorce/dissolution. 

Further information is available at:

http://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/questions-about-divorce-or-dissolution-of-civil-partnership

Others who are not data subjects can make an application to SCTS for access to records under the Freedom of Information (Scotland) Act 2002. However, detailed sensitive personal data about living individuals (for example, child custody or access arrangements) is highly likely to be exempt under that Act. NRS will be updating their catalogues in due course.

The restriction will of course be a blow to those carrying out genealogical research, but it could have been much worse. It is still possible to note that a divorce took place within the last one hundred years, and to note to whom it related - the real genealogical restriction will be in noting any follow up concerning the children of such relationship breakdowns.

(With thanks to Chris Macrae, Media and Communications, Scottish Courts and Tribunals Service)

Chris

For details on my genealogy guide books, including my recently released Discover Irish Land Records and Down and Out in Scotland: Researching Ancestral Crisis, please visit http://britishgenes.blogspot.co.uk/p/my-books.html. My Pinterest account is at https://www.pinterest.com/chrismpaton/.

Access to Scottish divorce records to be restricted

Some fairly bad news for Scottish family historians, relating to the access of records and privacy.

Last week I posted a blog post concerning a request I had made to the Scottish Courts and Tribunal Service about the proposed closure of Scottish court records from the Court of Session, a request in which I outlined several questions for which I have yet to receive an answer (see http://britishgenes.blogspot.co.uk/2015/10/closure-on-historic-scottish-divorce.html).

However, I have just received an email from the National Records of Scotland's Head of Public Services, Anne Slater, who kindly offered at last week's Scottish Genealogy Network CPD event in Edinburgh to provide an update from the NRS on the developments, as soon as the archive was able to work out its position and obligations under the rule change.

Unfortunately, the new rules also include restricting access to divorce records from the Sheriff Court, which has had responsibility for divorces since 1984. There is therefore a knock on effect for the GROS Register of Divorces which was established at that point, and which until now was accessible at the ScotlandsPeople Centre (www.scotlandspeoplehub.gov.uk) in Edinburgh. Here is the body of Anne's letter:

Following our discussion on the availability of the digital images of the Register of Divorces at your recent CPD event I am writing to let you know that NRS are reviewing the Register of Divorces (RoD) as a result of a recent case and that, because of our statutory and legal obligations under the Human Rights and Data Protection Acts, we are going to limit access to the RoD with immediate effect, while we work through the legal issues.

The images will be taken down from the ScotlandsPeople Network this evening. The index to the Register of Divorces will continue to be made available and should you require information from the Register beyond what is available in the index please email: enquiries@scotlandspeoplehub.gov.uk. Alternatively should you require an extract from the Register of Divorces please use our extract service: http://www.nrscotland.gov.uk/registration/how-to-order-an-official-extract-from-the-registers.

I will provide a further update in due course and please let me know if you have any queries.

This is an undesirable change of policy, not from the National Records of Scotland or the ScotlandsPeople Centre, but from the Scottish Courts and Tribunal Service, which has forced the NRS to take this position. I am still unclear as to what precipitated the changes in the first place, but it is now not possible to see the Register of Divorces images on the terminals at the ScotlandsPeople Centre (and the satellite access points across the country), only the index entries - that, at least, will still indicate if a divorce took place. For the moment, some form of access is, however, still available to the original records through the extract service.

More on this when I get it...

Chris

For details on my genealogy guide books, including my recently released Discover Irish Land Records and Down and Out in Scotland: Researching Ancestral Crisis, please visit http://britishgenes.blogspot.co.uk/p/my-books.html. My Pinterest account is at https://www.pinterest.com/chrismpaton/.

Closure on historic Scottish divorce records?

Last week I was alerted by a colleague to the fact that there seems to have been a development on access to historic records of Scottish divorces implemented by the Court of Session from September 29th 2015, something that was seemingly partially confirmed by an NRS contact at the weekend. From what I can gather, it seems that access is to be restricted to historic cases for the last one hundred years. This is clearly something that will be of concern to Scottish based genealogists, for whom the records have previously been accessible.

I have just spoken with a contact at the Scottish Courts and Tribunal Service (www.scotcourts.gov.uk) and have sent a subsequent email to ask for clarity on the following questions:

1) Can you confirm if a closure period has indeed been enacted by the SCTS on historic cases of divorces in the Scottish courts?

2) If so, are all divorce case records, including Sheriff Court cases post-1984, now subject to a one hundred year closure period for privacy reasons, or simply those of the Court of Session?

3) If a closure period is now in place, can I ask on what basis the closure has been implemented, i.e. for what reason? For example, was there a trigger case where a privacy concern was raised that sought a change to the access?

4) Are there exemptions to these restrictions - for example, for those directly involved in the cases seeking copies of papers?

5) I have been unable to find any formal announcement on this online, but if there has been one, could you perhaps direct me to the link?

The press officer I spoke to has indicated that he has indeed heard something on this, but has requested a few days to try to get some answers. Once I have those, I will pass them on.

Historic records from the Court of Session are deposited with the National Records of Scotland (www.nrscotland.gov.uk), and from what I can gather this seems to have caught them as much by surprise as anyone. However, it is imperative to point out that any restriction, if it has been implemented, is not one that the NRS has put in place - but if confirmed, may affect how such records are accessed at the facility.

I'll keep you updated if, as and when I hear anything.

Chris

For details on my genealogy guide books, including my recently released Discover Irish Land Records and Down and Out in Scotland: Researching Ancestral Crisis, please visit http://britishgenes.blogspot.co.uk/p/my-books.html. My Pinterest account is at https://www.pinterest.com/chrismpaton/.