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/jun00/050600/
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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