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That's not how I read the guidance.  The parents' independent right to see 
the child's educational records does not depend on the capacity of the 
child, and is not subject to the child's consent.


Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB


----- Original Message ----- 
From: "GIBBS, Julie" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, January 29, 2010 12:40 PM
Subject: Re: Parental access to student records


The ICO has very clear guidance about access to pupil records and suggests 
parents have a right of access to their child's school record up to the age 
of 12 when it is considered a child is of sufficient maturity to make an 
informed decision about access to their information.  From the age of 12 a 
student can make their own request or give consent to allow a parent to 
access their records or have someone act on their behalf.

So I think in your case, you should always seek the student's consent given 
the age range.

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/technical_guidance_note_access_to_pupils_information_held_by_schools_in_england.pdf


Julie


-----Original Message-----
From: This list is for those interested in Data Protection issues 
[mailto:[log in to unmask]] On Behalf Of Dunster, Jon
Sent: 29 January 2010 12:23
To: [log in to unmask]
Subject: [data-protection] Parental access to student records

Hi everyone,

I have a query on parental access to student academic records.

We are a general FE College with students from 14 to 90+ years of age
and both state and privately funded.

The Education (pupil information) (England) Regulations seem to give the
parent a right of access to a childs educational record.  It 'appears'
to consider this as a person of 'compulsory school age' which I think is
still to age 16 at the moment.

My take on this is that we could provide parents access to their childs
record up to the age of 17 when it then becomes a matter for DPA and a
student to agree that access.

Am I correct in this?

Can anyone point me to some specific policy web links?

Thank you,

Jon

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