Sorry I missed this discussion yesterday. We had an interesting situation arise some months ago when one of our solicitors advised us that consent to be part of a pilot project for the SEN and Disability Pathfinder (which included consenting to information sharing by the professionals they are currently working with) should be given by the parents, on the basis of the detail of the Education Act.
The agreement had been passed to legal for their comment, but in the end we went with our standard practice for non-education records, which was that of the Gillick approach, but it serves to show that these things are not clear even for legal professionals (which I am not!).
I agree that it will be interesting to see how raising of the compulsory education age to 18 affects things, particularly as people become more and more aware of their information rights, as seems to be the case. Perhaps this is something we can thank social media for - the rise of social media has given rise to the need to educate people in the use of the internet particularly in relation to their personal data, and some material I have seen to be used in schools includes the rights of access to information. At the same time organisations such as the Care Leavers Association are promoting the right of access to social care records, which may in turn lead looked after children to think about what other data they have a right to access.
Best wishes,
Michelle
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