Can my DD's Independent school withhold her files? Legally?

[rebby]

I am taking my DD out of her independent school this term to HE and would like to know where I stand legally with regards to getting her files sent to me (her test papers, reports, work books, progress, basically everything she has done at that school). I recently asked for a copy of her maths test paper she had sat and was told I could come in and have a look but that they couldn't send me a copy. I thought this was weird as it was my own daughter's test with only her answers on and surely under the freedom of information act or something I am entitled to get a copy? Help please!!

You can place a Subject Access Request for all data they hold on your daughter. That is, anything they hold which relates to your DD, including informal notes, emails, etc. They can charge you for photocopying up to a prescribed limit. I think the limit is £10 now.

Legally you can request everything they hold on her file, but there is still no guarantee you'll get it. Schools don't always tell the truth, especially if they've acted inappropriately - they don't document everything and there may be some omissions. In my case, ds's school claimed that they'd already given me his file, creating a 'their word against mine' situation. Despite going through the proper process to request files, I never got them and I'm convinced they went into a shredder the day I deregistered.

Definitely ask for them though. You may be more fortunate.

Do the data protection and freedom of information acts still apply if it's a private school?

I cannot wait to get them out!

I believe so, but they may not be bound by the same record-keeping guidelines as state schools. I'm not an expert on this though - other people will no doubt know better than I do.

rebby i feel your questions are best answered if you phone the Information Commissioner’s Office and seek their advice. They are regulators. You need to find the policy of the school regarding personal data and the agreement you signed with them. A Subject Access request my not always turn out the data you need. You need to read the DPA as well, the principles.

Schools have a different upper fee afair its about £50 and yes they are subject to the same rules as state schools

Test papers are not normally part of a pupils file. They don't keep all of their work there. The file would be huge.
It is perfectly usual for schools to say you can come in and see the work, but not take home, whilst the child is at the school. One reason is test papers are often reused year to year and they don't want them leaked to future years. Another thing is that they often have to keep the, to show inspectors.
Once you have left, I expect you will have no problem getting all of her stuff. The school will want rid of it and not to have it clogging up their cupboards.
Do recognise the difference though, whilst actually at a school, of asking for files and work. It is not the same thing.

I would be worried in a school refused to let me see work, I specifically requested. I would not be worried if they said it could not be taken home.

From what has happened so far, I would not imagine there will be a problem or that the school will try to withold files etc.