It's definitely "core" in Scotland - Education is run by this Council.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 16 April 2008 23:35
To: [log in to unmask]
Subject: Re: School catchment areas
" 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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