If we imagine the facts that the child has told the teacher, and that the
teacher has recorded mean that the child fears real or imagined serious
emotional harm at the hands of the parent/carer, I think I am interpreting
you correctly if I say "This [potentially threatening] element of data may
not be released to the parent/carer under either relevant educational
legislation or under the DPA"
Even so the child issuing the SAR may receive that data, as I interpret what
you have said.
If I have interpreted you correctly, how is the person who responds to the
SAR (or other legitimate enquiry) to judge what may or may not be released?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Kirsty Gray
Sent: 03 April 2006 12:26
To: [log in to unmask]
Subject: Re: [data-protection] Phot Image consent
On Fri, 31 Mar 2006 22:29:09 +0100, Tim Trent
<[log in to unmask]> wrote:
>I apologise that it was not a good example.
>
Actually, I thought it WAS a good example - because parents of children at
state schools have an absolute right to inspect and have a copy of the
school record (on payment of the photocopying costs). These access rights
apply equally to the pupils themselves.
As far as I am aware its being a school pupil, not age, that affects
parental rights. The school must provide within 15 days of receiving a
written request, pupil consent is not required nor can pupils prevent
parents from accessing school record.
This right does not extend to:
* A teacher's record kept solely for personal use
* Records that include information about another pupil
* Disclosure that would be likely to cause serious harm to the physical,
mental or emotional health of the pupil in question or any other person
* The record is relevant to whether the pupil is, or has been, a victim of
child abuse or many be at risk of it
The question then arises - what IS a school record? According to DfES all
state schools are required to record details of pupil's educational progress
& achievement. But may also record information about medical details, family
background, personality, predicted future prospects, etc.
Presumably, then, the information that a school is obliged to disclose in
response to a parental request for school records may be substantially less
than (different to) the information that pupil (over age 12) making own SAR
is entitled to receive?
I assume the intended purpose of parental access is to monitor educational
progress and intervene if necessary - not to enable them to keep tabs on
every single aspect of their child's personal life.
I can't see how information provided to the teacher by the pupil 'in
confidence' would fall within the scope of school records disclosable to
parents. Better yet, the teacher should only write this type of thing in a
record kept solely for personal use.
Especially as the right to school records extends beyond biological parents
to include anyone with parental responsibility (absent parent, local
authority if child in care, etc.) Also anyone who has care of the child -
basically any adult in the same household! So potentially several different
people could be raking through the child's records unknown to him/her - so
much for the right to privacy when you're young!
Hence access to school records seeking background information about family
activity a popular pastime for non-custodial parents in dispute with
custodial parents!
Kirsty E Gray
Access to Information Advisor
Commission for Social Care Inspection
Note: comments for discussion and debate only and do not necessarily reflect
the corporate position of CSCI nor constitute legal advice.
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