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Original poster

What are school allowed to disclose if asked for a reference for a child?

32 replies

Whataplonkerheis · 27/05/2021 13:40

My DC, year 9 has developed some anxiety about returning to school after the latest lockdown and we have sought some help from a therapist who has been great. Things are almost back to normal now but it has highlighted some issues with the school.

We have been in discussions with the school regarding this, with a meeting and several zoom calls. The therapist wrote to school, with our permission, requesting some adjustments which would be very helpful to our DC. Some of these the school accepted, others they refused to consider. We know of another school locally that has all the measures recommended already in place.

We now want to move our DC from their fee paying school to this (also independent) one. Entrance exams and interviews have been successful, as their is only one place, with competition for it. They have requested a reference, and have been in touch to say the current school have highlighted that there are mental health issues involved. We might now lose this place, even although the issues are hugely improved and they are no longer seeing the therapist.

Are they allowed to disclose this? I would have thought this was a breach of confidentiality, but would appreciate an external viewpoint.

OP posts:
PresentingPercy · 27/05/2021 19:53

In addition there is a duty for the information kept on DC to be accurate and up to date. You said this was not the case OP. I do not think this is completely a black ad white case. It was also a health issue and not just an educational one. Our policy talks about consent in such circumstances. School data might be exempt but health data that is inaccurate is another matter. In my view.

Original poster
Whataplonkerheis · 27/05/2021 19:01

@all prh47bridge Thank you for that. Much appreciated.

OP posts:
prh47bridge · 27/05/2021 18:31

Confidential references for education purposes have the same exemptions from GDPR as job references. So yes, your child's existing school is able to share this information in a reference. This also means the school does not have to comply with a request to see a copy of the reference. They can choose to share it with you if they want but you cannot compel them to do so.

Original poster
Whataplonkerheis · 27/05/2021 17:43

Thank you for the replies so far.

The potential new school were aware that returning after lockdown had caused anxiety, and they already have the measures in place that the therapist recommended to the existing school, so no new measures would have been required and the new school prides itself on pastoral care rather than academic results which is why it seemed such a good fit. This is youngest of 3 DC, DH and I very much want to see them happy and thriving rather than getting 9s in their GCSEs.

We have been open with the potential new school with this, but we’re getting the vibe in discussions re this that the existing school are trying to make it difficult for them to leave and have been trying to put a spanner in the works by providing a less than glowing reference. Several pupils in the year have recently left and I’m sure they are reluctant to see a nice fee disappear.

At this stage in Y9 it is a “now or never” situation. Some schools started GCSE options at the start of Y9 and will not even consider a move at this point.

If we do make the move to the new school then we’ll be committed to paying two sets of fees next term as we haven’t given a term’s notice, which is frustrating as the reason we want to move is that they won’t accommodate the measures requested.

I’m rambling a bit now. I just feel frustrated that the existing school are possibly engineering us to stay against our wishes. If they do have to continue at the current school I don’t want a bad atmosphere surrounding them, but I really feel stuck.

Are we within our rights to be provided with a copy of the reference?

OP posts:
PresentingPercy · 27/05/2021 15:35

You school must, by law, have a Data Protection Policy. In order to answer your question, you should read it.

It governs what information a school can hold about pupils and who they can share if with. It is reasonable for sensitive information to be shared in a managed move but, I believe, that consent from you should have been obtained from you regarding the reference. However this is my understanding of a policy I am familiar with but you need to read yours. It should be readily available.

I would, though, talk to your new school. All of you should work together to support Dc. You might wish to give additional information from the therapist that the original school doesn’t have. Whatever you do, don’t hide anything. The second school could terminate the contract with you if you do. So be open and honest.

UserAtRandom · 27/05/2021 14:35

If you want the new school to put adjustments in place for your DC, surely you are going to have to let them know about your DC's mental health issues anyway? Was it in the context of what they might have to do that they were contacting you?

Confuzzled2020 · 27/05/2021 14:18

Personally, I would say if the school is put off by the mental health issues (past or present) then its not the right school. My daughters anxiety issues have been fully passed on to her new school. I would phone new school and talk it through with them. Be very upfront and say this is why we are moving - we want your pastoral care.

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