Anonymous reviews (name, gender, ethnicity, etc. of pupil) are not really
relevant as the pupil and his/her parents have the right to attend the
hearing (together with legal adviser or "friend" if they wish). Indeed the
hearing process is geared up to their being there, as they have the right to
question the head's evidence, present their own case, and be questioned on
that by the governors.
Even so, I don't feel there is any need for me to know their address, even
if they are sitting in front of me!
Stuart
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 10 March 2003 14:04
To: [log in to unmask]
Subject: Pupil exclusion personal details
In a message dated 10/03/2003 12:05:46 GMT Standard Time,
[log in to unmask] writes:
> Whilst reading through the papers associated with the case I suddenly came
> up with an interesting DP question. Amongst the papers sent to me were
> copies of letters sent by the headteacher to the student's parents;
because
> these were laid out as formal "business" letters the student's address was
> included. Question: should this have been blanked out on governors'
copies?
> Is there any need or purpose to disclose this information to us? We
> (governors) are bound by strict duties of confidentiality as a part of our
> role, but nonetheless I have my doubts as to whether I should have
> knowledge
> of the student's home address.
-----------
I too doubt that the pupil's home address would constitute information
"necessary for the purpose" of exclusion review. Indeed it may even have an
undue influence on some governors, particularly if they know the area.
I even have doubts as to whether it is necessary for governors to know the
identity of the pupil. They may be able to work it out but in the interests
of fairness (not strictly in data protection terms) it is possible that an
anonymous review may appear "fairer", especially in the mind of the
accused's
parents.
Many employers feel it is fairer that interview panels are unaware of the
identity, gender, ethnic origin and other details of the applicant. It is
seen by many as a way of showing them to be "equal" in their treatment.
Courts, however, have details of the individual but not necessarily their
previous offences.
Disciplinary panels, along with internal tribunals and exclusion
sub-committees, tend to want everything available - whether it is fair or
not
depends upon how influenced the "judges" are by the information. Some
governors might be influenced by the fact that the headteacher has
recommended the exclusion, just as some magistrates might be by the decision
of the police to arrest and prosecute.
We could be heading back towards the moral questions of a couple of weeks
ago.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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