" Schools admissions does not fit into this category"
Bizarre. I am trying to understand this, so don't take it as us ganging up
on you Ibrahim!!
I have just spoken with school admissions today for the area in which I live
(as it happens) and the address is
Admissions Officer, Pupil Access Team
Education Office, East Cliff, Preston
This is part of Lancashire County Council, the lady I dealt with is paid by
the council, the council administer the process and allocate the schools.
The forms sent back are sent back to the council. Part of my council tax I
believe goes towards this.
How core does something have to be for it to be "core"?
I am also currently doing some work for a different council, I have yet to
find a senior manager in my (admittedly) straw poll that does not believe
that education is not a core service.
So how can RIPA not be relevant, given that a fraud is a criminal activity?
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ibrahim Hassan
Sent: 16 April 2008 11:53
To: [log in to unmask]
Subject: Re: [data-protection] School catchment areas
If you read the judgment it says:
"Directed surveillance under RIPA is carried out by public authorities which
are responsible for the discharge of the specific public functions and are
equipped with investigatory powers for the performance of those functions.
Directed surveillance by specified public authorities can only be
authorised on specified grounds. Those grounds are linked to the specific
public functions of the public authority and vary according to the functions
of the particular public authority."
"The specific core functions and the regulatory powers which go with
them
are identifiable as distinct from the ordinary functions of public
authorities shared by all authorities, such as the employment of staff and
the making of contracts.
There is no real reason why the performance of the ordinary
functions of a
public authority should fall within the RIPA regime, which is concerned with
the regulation of certain investigatory powers, not with the regulation of
employees or of suppliers and service providers."
RIPA is there to regulate surveillance done for the purpose of criminal
offences suspected in relation to regulatory functions of each specific
authority (see para 2 above). So for councils it is trading standards, env.
heath etc. Schools admissions does not fit into this category.
Many councils have told me that the Surveillance Commissioners agree with
this interpretation of this case although they have not said anything about
schools admissions being a core or regulatory function.
Ibrahim Hasan
www.informationlaw.org.uk
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