Jody wrote:
<<Dear colleagues,
I would appreciate your comments on the following situation and
whether you agree with my response.
A school asks the Youth Offending Team (YOT) to release information on
a pupil of there's concerning a recent a court case. A school requires
this information in order to help select the appropriate work
placement for the pupil and avoid an incident relating to the court
case. For example if the court case related to theft of money -
placing the pupil in a bank might not be the best option.
Response:
YOT's have a responsibility under the Crime and Disorder Act 1998 to
prevent youth offending by children and young people not help schools
find appropriate work placements. If the intention of the school is to
help the pupil then a disclosure may be recognised as being lawful and
fair. >>
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I believe that unless a court order forces the YOT to disclose, and assuming
the court was in chambers and therefore proceedings are not public knowledge,
the disclosure may need to be with consent.
If, however, the YOT can establish a public interest argument - e.g. the
person is a danger to society - the rights of the individual could be
overridden. But if this was the case, I'm fairly sure the court would have
said so.
Ian Buckland
MD
Keep IT Legal Ltd
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