Brenda,
The subject access right can not be ignored just because certain attendees
object to the minutes being disclosed, they attend in their professional
capacity and are therefore not third parties. I deal with such requests on
a regular basis and the following is the general approach we take.
If the parents were present, then there are no grounds for refusing to
disclose the minutes, as they are already aware of what was discussed and
have a right to comment on the accuracy of them.
However, our meetings are structured in such a way as there is a general
meeting, the minutes of which will almost always be disclosed and a
confidential section, where the parents are not present. This is where
things like police intelligence / PNC checks etc are discussed. These
minutes are not routinely discussed but are assessed on a case by case
basis. The result is that they are usually withheld or disclosed after
heavy redaction.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
Brenda Scourfield <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
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07/12/2010 16:59
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Brenda Scourfield <[log in to unmask]>
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Subject
[data-protection] Section 47
I have had a request from a parent for copies of minutes of two startegy
meetings following a Section 47 Investigation(i.e. Child Protection
Enquiries) The outcome was that there were no concerns re parenting
issues. Is he entitled to these minutes under DP ? Not all members of the
strategy meeting have given consent to disclose - education and the
police. Social Services tell me that their policy is not to disclose if
all do not give consent.
Any advice greatly received as my knowledge of child care law is limited
and I have to rely on what Social Services tell me. Maybe DP overides'
their policy'
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