local council / data protection / school place

[dianekeatonsocks]

has anyone got any advice on this?
high conflict split involving lots of trips to court - child's mother applied for school place, child's father (PR, on birth certificate) has been told by the council they will not release the information about what school the child is to attend, even with a request in writing and full documentation, due to data protection
any ideas wise minds? thanks

Access rights under data protection are the rights of the data subject - in this case the child. The law says, where children are under the age of 13, a person with parental responsibility can use those rights on the childs behalf - but a data controller can refuse to release information where it believes the request is not made on the childs behalf or it is not in the best interests of the child to release the information requested.

Data protection access rights shouldn't be used to resolve conflict between parents - if Mum won't tell Dad what school she has applied to, he can pursue legal action to find out.

Thanks
I think it is 'data protection' being cited as the reason for not disclosing the information, from the council. Is this a misapplication of the legislation? presumably lower conflict to try to find out from the LA than to pursue legal action with the other parent

Data protection legislation is the reason for not disclosing information about a child to anyone but the child themselves or, if they are under 13, a parent acting on their behalf.

It would be misapplying the legislation to provide the details of a childs school - the Council have done exactly the right thing. It is not the role of the Council to lower conflict between the parents, but to uphold the childs right to have their data handled securely and confidentially which they seem to be doing.

@JustAnotherSod

Data protection legislation is the reason for not disclosing information about a child to anyone but the child themselves or, if they are under 13, a parent acting on their behalf.

It would be misapplying the legislation to provide the details of a childs school - the Council have done exactly the right thing. It is not the role of the Council to lower conflict between the parents, but to uphold the childs right to have their data handled securely and confidentially which they seem to be doing.

I think you need to take proper legal advice @dianekeatonsocks because I think this is completely wrong.

Certainly in the schools I've worked in it's been made clear that any data pertaining to a child can be, and must be, shared with all parties with PR when requested. Schools must provide reports, attendance records, test results etc to both parents if it's requested.

I can't see why the council would be any different given both parents have the right to act in the best interest of their child unless a court order says otherwise.

"JustLyra" - Given I work in a local authority handling data protection, and queries such as this form the bread and butter of what I do, I can assure you that the information I have given is entirely correct.

Of course, in most cases, both parents with parental responsibility will access data about their child without issue, but there is no automatic right to - as with everything data protection it entirely depends on the specific circumstances of the individual. As such, I would suggest you check, as a matter of urgency, about the approach you are taking - perhaps with my counterpart at your employer!

Thanks again for comments
JustAnotherSod - when you say in most cases, both parents with PR will access data .. without issue, does that mean normally this data would be shared? unless there is a specific reason not to ie safeguarding or some caution or warning which should not apply here. I just wonder how often this happens - obviously normally parents should share this about the child, but in the event that they don't and have separated, only one parent can make the application anyway so perhaps this is not an unusual request.

Thanks