The case about the schoolgirl having a termination without her parents knowledge supports my case, although admittedly she did go on to have a baby and there was a lot of publicity by the parents stating that the girl wouod never have got rid of the baby if her parents had known. The resultant pergnancy they stated was because the girl was apparently so upset at having the termination.
D
> -----Original Message-----
> From: Simon Howarth (WSL) [SMTP:[log in to unmask]]
> Sent: 31 January 2005 18:51
> To: [log in to unmask]
> Subject: Re: Disclosure to father
>
> I have watched this thread with interest. As someone with an interest in
> this type of issue from my own experiences, then all I can say is that if a
> 16 year old cannot block the father (in this instance) from accessing
> information then the law quite frankly is an a$$.
>
> As someone said below, she is happy for other key adults to have the
> information, so at 16 I would argue her case with venom - regardless of what
> the law might "state".
>
> Just my personal t'penneth.
>
> Simon Howarth.
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Paul Ticher
> Sent: 31 January 2005 17:19
> To: [log in to unmask]
> Subject: Re: [data-protection] Disclosure to father
>
> I think the confusion here is between two separate rights of access:
> * the parents have a right of access to specified information, under the
> Education (Pupil Information)(England) Regulations 2000 (SI 2000 no.297),
> with no option for the young person to refuse.
> * the young person has a right of subject access to all personal data
> held by the school, under the Data Protection Act. If the young person is
> old enough to understand the implications, they should exercise the DPA
> right on their own behalf, with parents or anyone else having access only
> with the consent of the young person.
>
> Both rights are restricted by the Data Protection (Subject Access
> Modification) (Education) Order 2000 (SI 2000 No. 414). This allows parts
> of an educational record to be withheld if disclosure would cause "serious
> harm to the physical or mental health or condition of the Data Subject or
> any other person". (This is provided for in s.30(2) of the DPA, which is in
> turn referred to by the Pupil Information Regulations.) The Order does not
> specify, as far as I can see, who has to judge whether the serious harm
> would be caused. Presumably that leaves it up to the school, although the
> school might well take advice.
>
> Much of the information which must be supplied to the parent under the Pupil
> Information Regulations would also have to be supplied to the young person
> under a DPA subject access request, but there may be some information around
> the fringes which falls under the DPA definition but not the Pupil
> Information Regulations, or vice versa.
>
> The upshot is that natural parents, even if estranged, do have a right to
> see their offspring's education records, but material can be withheld if it
> meets the SI 2000 No. 414 exemption criteria of being likely to cause
> serious harm to health. It cannot be withheld merely because the young
> person does not consent.
>
> The natural father would have been making a request under the Pupil
> Information Regulations, not under the DPA, because by the age of 16 it's
> very probable that the pupil would be able to make a subject access request
> on their own behalf.
>
>
> Paul Ticher
> 0116 273 8191
> 22 Stoughton Drive North, Leicester LE5 5UB
>
> I hereby require any recipient of this message not to use my personal data
> for direct marketing purposes.
>
>
> ----- Original Message -----
> From: "Broom, Doreen" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, January 31, 2005 3:50 PM>
> Subject: Re: Disclosure to father
>
>
> A child of 16 though has the right to object and in some cases 12 (in
> Scotland) but I would have thought 16 in England.
> D
>
>
> > -----Original Message-----
> > From: Tinsley, Chris [SMTP:[log in to unmask]]
> > Sent: 31 January 2005 15:40
> > To: [log in to unmask]
> > Subject: Re: Disclosure to father
> >
> > The definitions in The Education (Pupil Information)(England)
> > Regulations 2000 [statutory instrument 2000 no.297] gives a parent
> > "absolute" rights
> to
> > documents defined as Educational records. This is not conditional on
> > the consent of the daughter. The problem is defining parent.
> >
> > To do this take a look at
> >
> > http://www.dfes.gov.uk/publications/guidanceonthelaw/dfeepub/jun00/050
> > 600/
> >
> > section 4 defines a parent as below
> >
> > 4. Section 576 of the Education Act 1996 defines "parent" to include:
> >
> > all natural parents, whether they are married or not; and any person
> > who, although not a natural parent, has parental responsibility for a
> > child or young person; and any person who, although not a natural
> > parent, has care of a child or
> young
> > person.
> >
> > If the biological parent falls in to any of these categories the
> educational
> > record must be provided, subject to any fears about serious harm.
> >
> > Chris Tinsley
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Smith, Tony
> > Sent: 31 January 2005 15:33
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Disclosure to father
> >
> > SI 2000/297 does not seem to give access to the parents for the full
> school
> > record. It only seems to allow for access to certain information. In
> adition
> > to this, I assume that "parent" must be defined somewhere. The
> > biological parent might not be the legal parent.
> >
> > Tony
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]]On Behalf Of Antoinette Carter
> > Sent: 31 January 2005 15:28
> > To: [log in to unmask]
> > Subject: Re: Disclosure to father
> >
> >
> > I totally disagree. At 16 years old, the daughter has a right to
> > privacy in her own right. She is not refusing access to anyone, ie.
> > her mother and step-father can still exercise the right of access
> > under the Education Regs. To blatantly ignore the wishes of the
> > daughter is completely wrong in my opinion.
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Trevor Louth
> > Sent: 31 January 2005 15:22
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Disclosure to father
> >
> > The Education (Pupil Information)(England) Regulations 2000 [statutory
> > instrument 2000 no.297] gives parents a right of access to the
> > educational record of their children and therefore presumably the
> > child cannot prevent this.
> > Trevor
> >
> > >>> Brenda Scourfield <[log in to unmask]>
> > >>> 31/01/05
> > 14:38:19 >>>
> > The biological father has applied to a school for disclosure of his 16
> > year old dauhter's records. The daughter does not want anything
> > disclosed to him, only to her stepfather (and he isn't making a SAR
> > anyway). I believe because of her age she has the right to stop the
> > school disclosing - or is there some other aspect I am missing ?
> >
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