Just to clarify - do The Education (Pupil Information) (England) Regulations
2000 apply to the independent sector as well?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Tinsley, Chris
Sent: 04 March 2005 10:14
To: [log in to unmask]
Subject: Re: [data-protection] Disclosing school reports
We have been down this road before.
The schools have no choice but to comply with The Education
(Pupil Information) (England) Regulations 2000 (ok we all have a choice,
some are just not ones you would like to take). The information that
parents are entitled to see are a subset of DP, not the full thing, and are
fully set out in the regulations. These regulations also enable the
transfer of data between schools when pupils move.
There are no provisions within these regulations that consider the child's
willingness to object, they are a tool that allow parents access to
information about their child's school progress whether the school or the
child wants you to know or not.
Whatever your views on these regulations I would not advise a school to
refuse to comply.
Chris Tinsley
Wiltshire County Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Arthur Howell
Sent: 04 March 2005 09:50
To: [log in to unmask]
Subject: Re: [data-protection] Disclosing school reports
Maybe I'm going to open a bag of worms but I do not agree that parents
have the automatic right to view their child's records without the
consideration of the child and their mature of mind in objecting.
The child's personal data is theirs (there is no lower age limit in UK
Law) and they have the right to refuse disclosure. The school (as the
Data Controller) should consider whether the child's rights are being
ignored and they are not complying with the DP Act.
Here we go
Arthur
-----Original Message-----
From: Tinsley, Chris [mailto:[log in to unmask]]
Sent: 03 March 2005 12:34
To: [log in to unmask]
Subject: Re: Disclosing school reports
Parents have the right to see this information under The Education
(Pupil
Information) (England) Regulations 2000. However I believe that this
does not apply to Independent schools, you will have to use DP subject
Access. The act applies to
(a) a school maintained by a local education authority; and
(b) a special school which is not so maintained.
So parents of pupils at Independent schools have less rights than their
state school counterparts.
Chris Tinsley
Wiltshire County Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Donald Henderson
Sent: 03 March 2005 12:07
To: [log in to unmask]
Subject: Re: [data-protection] Disclosing school reports
Parents have a statutory right to see pupil's educational records
outwith DP - I don't know the English reference, but it is the Pupil's
Educational Records (Scotland) Regulations 2003 for us. I think the
report would probably be considered part of the educational record....
Donald Henderson
Information Security Manager
Perth & Kinross Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Carey Clifford
Sent: 03 March 2005 11:30
To: [log in to unmask]
Subject: [data-protection] Disclosing school reports
I have been asked a question by the head of an independant school. She
is writing reports about children who are applying for places at senior
schools. Parents are wanting to see the reports sometimes but she
doesn't feel that she can be so frank if she knows the parents will see
the report. Does she
have to reveal all or can any confidentialityissues be considered. My
opinion was she should make sure the information is accurate and even if
bland, could be shown to the parents on request. Any one else have any
thoughts?
Many thanks
___________________________________________________________
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