The answer is different in (a) a legal sense or (b) in a practical sense.
If the young person is Gillick competent, then should legally (IMO) be
able to sign. (Answer A)
But to avoid any arguments, in practical terms, both should sign (Answer B).
Then from the point of view of the policy, perhaps a Gillick competent
young person doesn't want to tell their parents about the SAR? Perhaps
the authority should set an arbitrary age limit above which a young
person is deemed to have the necessary understanding? Say 13??
Below 13 parental consent would be required. In that case between 13 and
16 or 18, either or both parent or young person could sign. (Answer C).
Brenda Scourfield wrote:
> If the children are in their teens but under 18 and therefore to be
> considered able to be of a mental age to understand a SAR, should they
> make a SAR for their own personal data or should their parent ? I am
> talking about Education and Social Service records, some may be school
> records but others are not.
>
>
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