Subject Access Report

[Justpeachy88]

I’m gathering information together to apply for an EHCP assessment again for my son after being refused last year and have gone to his primary school to ask for a SAR. It came through today and I’m shocked to see there’s nothing but his school reports.

This is either a huge mistake on their part or something’s gone awfully wrong. He was at the school for 4 years - the section with SEN says ‘none recorded’ same for court orders and medical recorded (arfid l, sensory processing and bowel issues) . There’s absolutely nothing. My son had many issues at school, I had many meetings about his school refusal, asked for a reduced timetable which was refused, I could go on and on but they did submit an ASD referral for him.

He refused school most days and the SENCO had to come and help me with the headteacher at times to coax him in from the car, he also missed 13 weeks of school as his fear of school was so strong he convinced his dad to let him stay there and I had to go through court. He was a child missing in education. All of the related court orders were forwarded to school, as no one is allowed to collect him except me and he has a residency order with me until hes 16. I can’t believe there’s absolutely nothing on record, I have no evidence to back any of his struggles up now he’s in secondary school. I’m sure it will be refused again.

Ive put an email together to the headteacher asking if there’s a mistake and outlining all the meetings we had etc, or have a got the wrong end of the stick on what I was expecting?

Yanbu to expect that there would be more records.

How long ago was he at the school? If he left a while ago, could it be something to do with their retention policies?

I think the only option is to ask the HT, as you propose.

He only left in July last year. I applied for an EHCP in October while just starting secondary, they told me there and then that they had no evidence to submit, I didn’t realise that this was probably because the primary school didn’t forward any.

I’ve been fighting to get him some support for years now, I’m not even close to getting anywhere

All primary school records are passed on to secondary schools shortly after they leave. Nothing is kept at all. Maybe when you asked the new school, it just hadn’t been done yet?

Yes perhaps, I didn’t realise that they get rid of everything thanks. I have requested one from the secondary too so I hope everything comes through on there

Clutching at straws but could there be anything in the way the request was phrased? If there are some keywords like "records" or "correspondence" that have cut down the search field somehow? When we did an SAR I think we asked for everything that was sent by email between LA and named other organisations between specific dates.

Have you checked their policies? I've just checked my DC's school, and they have a document detailing how long they keep data. For my DC's school the material you are looking for would be available still.

Also check that they definitely know that they need to send over everything with your child's name in. Doing a full SAR is a PITA from the other side, so they might be hoping you'll be fobbed off with the minimum.

I made sure I requested absolutely everything and got some help on here to make sure I was asking for the right thing! It was a template I got offline. I do think I’ve been fobbed off, I think I’ll have to question where all the information has got to, I’ll reply back and ask.

Funnily enough within the same hour, I got the one from secondary with nothing from his primary included in there. That one was really thorough, all emails between us, a plan of interventions which was a surprise as they’ve never been shared with me, was starting to feel like I was imagining his problems. But I did see all the comments the teachers made to the person requesting info for the last EHCP - it states by all teachers how he’s behind with work, struggles to work unless he’s supported and struggles to communicate. Makes me wonder why the last assessment was rejected really

If you're not getting anywhere, complain to the ICO. They have a team of caseworkers who will contact the school with your complaint and follow up on it. I've only been on the company side - but I was impressed that it was clearly an actual human at the ICO following up on an individual complaint.

Why did you do a SAR?

Are there other agencies whom you know they would have corresponded with, about your son? The local authority, therapy services etc? If you’ve applied for EHCP at the very least the school would have a copy of their response. So it’s usually a good idea to do a SAR on the LA/therapy services and then you get to see the other bit of the correspondence. And handily they will redact different parts so you end up with the whole version.

Ok so I didn’t realise but there was another attachment, it tells me that due to the amount of time it would take they’re unable to provide me with the information I’ve asked for. There’s a note at the bottom saying the school has no SEN or behaviour records. Are they allowed to do this? He was there for 4 years. I’m applying for an EHCP and I’m really struggling because I don’t have much evidence, his primary schools are aware of al the issues he had so I can’t understand why they’re refusing knowledge and the fact he had many medical issues and none are on record is really worrying.

They were back and forth with the LA too when he was missing in education. I went to court as his dad took him from me and I had to fight to keep his school place open. They refused to let him return part time even though he was clearly distressed. Maybe they’re trying to hide all of this? I did feel like the school let us down while he was there

This is the ICO guidance: "You can only refuse to provide the information if an exemption or restriction applies, or if the request is manifestly unfounded or excessive."

I absolutely wouldn't call your request excessive - they haven't even tried to do a basic email search, list of meetings that would have had his name in the subject, document search on his name.

I'd suggest sending them your email and also submit an ICO complaint at the same time so that you've kicked that process off. You can ask for the ICO complaint to be closed if they do respond with what you need.