I can't confirm if the law is the same in Scotland but I looked into this
very issue some time ago and if the estranged does still have a right to
access records as long as they possess parental responsibility. But note,
the definition of parental responsibility differs for educational records.
The definition for access to non-educational records, such as pastoral,
behaviour, extra-curricular activities etc (i.e. normal subject access) is
the normal definition as per the Children Act 1989. However, the
definition for access to educational records is that detailed in section
576 of the Education Act 1996.
As I remember, Schedule 11 of the DPA 1998 also has something to say on
this but I haven't got time to look at the moment.
Hope that helps.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
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[data-protection] Estranged parent access to primary school child's
information
Can I add another twist to this one as the other debate seems to be
faltering?
I have been asked as an independent DP Advisor whether an estranged parent
can access their estranged child?s educational records (Primary School) in
Scotland as well as school reports.
Searching through the ICO site does not give me any indication whether
this may be done but I am minded to advise the requestor (mother) that she
should contact the school to request a denial on behalf of her child.
Any thoughts?
Kevin Giles
Information Compliance Advisor
The Glasgow Housing Association Ltd
Tel: 0141 274 6723
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