If, and as I said earlier I am still looking at the verification issues,
it transpires that the Local authority did not have said consent would
the college be deemed as being in breach of its provisions as given in
the Data Protection Act.
Our Learning Agreement states that "information will be passed to the
Learning and Skills Council or their partners. The LSC is responsible
for funding (etc) and is registered under the Data Protection Act"
Regards
Peter
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: 01 February 2007 11:09
To: [log in to unmask]
Subject: Re: [data-protection] all families have a right to privacy
In message
<[log in to unmask]>,
at 10:42:05 on Thu, 1 Feb 2007, "Tinsley, Chris"
<[log in to unmask]> writes
>This may fall under The Education (Pupil Information) (England)
>Regulations 2000 which gives a parent the right to see a pupils school
>record.
The parent isn't asking to see the records.
She is asking why a Local Authority apparently had the right to the
information.
And this should surely be a fairly easy question to answer, as no doubt
many LAs either (in the circumstances described) do ask [having
understood the reason why they can] or don't ask [having understood why
they shouldn't].
> I have checked before with DFES, this right for parental access does
>not expire when the pupil reaches 18, the parent is still entitled to
>see the record. I believe DFES has a section on their website which
>gives a definition of what constitutes someone with parental rights.
>
>Chris Tinsley MSc
>Wiltshire County Council
>
>
>Information is the key
>
>
>
>
>
>I am in receipt of a letter from a (birth as stated in the letter)
>mother regarding her concerns in the way the college responded to a
>written letter from a London Council.
>
>
>The Leaving Care Service of a London authority wrote to the College in
>October 2006. Their letter details that an incentive can be given to a
>child for a block of completed attendance.
>
>The letter requests details of Course, Duration, % attendance of
>student in question, Name of tutor.
>
>The college responded by letter in January to each of the requested
>items of information.
>
>The student was 18 in August 2006
>
>The letter from the mother states that the college has without parent
>or student consent responded to a privacy breach letter from the London
>Borough.
>European Convention Human Rights Art 8 (1) quoted by name.
>
>The letter claims that the family are taking the London Borough to
>court for damages. (No explanation) although it does also state that a
>dispute exists over a claim of disability.
>
>The letter claims that "illegal enquiries (no court order/or written
>consent) are being made about my child, as next of kin and birth mother
>as on college registration records"
>"your actions, liaising with a rival servant officers of a local
>authority and I will be considering the families legal position, as all
>families have a right to privacy"
>
>
>
>My first thoughts are that the College acted correctly in providing the
>details, however I am looking into what verification was undertaken by
>the College.
>
>Opinions would be gratefully received.
>
>Regards
>
>Peter Selenic
>DP and FOI Officer
>
>Epping Forest College
>
>
>
>
>
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