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Subject:

Re: Copies of Teacher's Notes

From:

"Tinsley, Chris" <[log in to unmask]>

Reply-To:

Tinsley, Chris

Date:

Tue, 7 Mar 2006 08:50:17 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (680 lines)

The right to see these records is not governed by time.  As long as the
school has the record, the age of the pupil is irrelevant, the parent
still has the right to see the school record as defined in the
regulation.  So effectively the "child" may be 21 and have left school.
As long as the school still has the record the parent can request it.

Chris Tinsley

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 06 March 2006 16:57
To: [log in to unmask]
Subject: Re: [data-protection] Copies of Teacher's Notes

It's nothing to do with Data Protection.  It's a right that is in one of
the 
many bits of Education legislation: the Education (Pupil Information) 
(England) Regulations 2005 which, after defining 'educational record' to

mean practically everything that a school records, says in s.5(2) that
"the 
governing body [i.e. the school] shall make a pupil's education record 
available for inspection by the parent, free of charge, within 15 school

days of receipt" of a written request.  If the parents want a copy they
can 
have one, but have to pay for it (s.5(3)).

The next interesting bit is that s.5(4) forbids the school from
disclosing 
to the parent any information which they could not lawfully disclose to
the 
pupil under the DPA.

The Regulations only apply to schools maintained by a local education 
authority.

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: "Claire Bessant" <[log in to unmask]>
To: "'Paul Ticher'" <[log in to unmask]>;
<[log in to unmask]>
Sent: Monday, March 06, 2006 4:25 PM
Subject: RE: [data-protection] Copies of Teacher's Notes


> I'm interested to  hear your view - where do parents get this right
from? 
> I
> wasn't aware that there was anything within the DPA or The Data
Protection
> (Subject Access Modifications) (Education ) Order 2000 SI 2000/414
which
> grants parents such a right, nor anything in the DPA (at least in
relation
> to England) which says that age 16 is the relevant date for
determining
> whether a child should exercise their rights or whether it should be
their
> parents.  I'd be really interested to know if there is a statutory 
> provision
> which I've missed which actually does give parents the right to
exercise
> rights to access info (education records or other) on a child's
behalf/on
> the parent's own behalf
>
> Also my understanding is that the issue is the child's competence to
> understand what they are doing (ie Gillick competence) not whether the

> child
> is 16 or not (unlike in the medical sphere where 16 is an important
age in
> terms of being able to consent to treatment)
>
> Claire
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Paul Ticher
> Sent: 06 March 2006 16:15
> To: [log in to unmask]
> Subject: Re: [data-protection] Copies of Teacher's Notes
>
>
> Absolutely, but parents have a separate right, as parents, to a copy
of
> their child's educational record (in England as well as in Scotland).
I
> think they have this right until the child is 16 (someone might
correct me
> on that), which is likely to be after the child is able to exercise
their
> own Data Protection rights.  I don't know what happens if the parent
> requests access to the education record but the child doesn't want the
> information released.  They could in theory issue a s.10 DPA notice
(Right
> to prevent ... harm or distress).  Then what?
>
> 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: "Claire Bessant" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, March 06, 2006 2:14 PM
> Subject: Re: Copies of Teacher's Notes
>
>
>> my understanding is that parents have no legal right under the DPA to
>> access
>> information about their children - the right of access is granted to
the
>> child.  Parents are, however, entitled to apply for information on
behalf
>> of
>> the child where the child is too young to do so or mentally incapable
>> (Data
>> Protection Act 1998: Compliance Advice - Subject Access to Social 
>> Services
>> Records, 2000- which presumably applies to education records in the
same
>> way).  Therefore if the information would be supplied to the child
and is
>> for the child's benefit it is arguable that it should be supplied to
a
>> parent - however, as a caveat, much may depend on the child's age -
if 
>> the
>> child is of an age to seek the information themselves should their 
>> consent
>> to disclosure to their parent not be sought?
>>
>> -----Original Message-----
>> From: This list is for those interested in Data Protection issues
>> [mailto:[log in to unmask]]On Behalf Of Donald Henderson
>> Sent: 06 March 2006 14:04
>> To: [log in to unmask]
>> Subject: Re: [data-protection] Copies of Teacher's Notes
>>
>>
>> Surely this will initially depend on whether the information is part
of
>> the "pupil record" and therefore covered by the relevant regs (in
>> Scotland it's the Pupil's Educational Records Regulations 2003). This
>> gives right of access to the parents.
>>
>> Donald Henderson
>> Information Compliance 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 Broom, Doreen
>> Sent: 06 March 2006 13:31
>> To: [log in to unmask]
>> Subject: Re: [data-protection] Copies of Teacher's Notes
>>
>>
>> I had a similar one this morning regarding a CCTV incident if a
parent
>> whose child has assaulted another child - can they be shown the
video?
>> Thanks, Doreen Doreen Broom Access to Information Officer Scottish
>> Borders Council
>> Tel: 01835 826516
>> Fax: 01835 825059
>>
>>
>>
>> -----Original Message-----
>> From: This list is for those interested in Data Protection issues
>> [mailto:[log in to unmask]] On Behalf Of Jane Corrin
>> Sent: 06 March 2006 11:16
>> To: [log in to unmask]
>> Subject: Copies of Teacher's Notes
>>
>> Good Morning,
>> If a parent asks for a copy of Teacher's Notes on their child in
>> relation to a specific incident were does the school stand in having
to
>> supply the notes to the parent. Hopefully an easy question for the
list,
>> any comments gratefully received. Jane Corrin Information Manager
Wirral
>> MBC
>>
>>
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