Medical records sent to LEA, but not to parents

[Somewhereovertherainbow]

To cut a long story short, my child is disabled and has special educational needs, we appealed to the Special Educational Needs and Disability Tribunal about the contents of her Statement of SEN and won.

She has an NHS Occupational Therapist (who she hasn't seen in months)Shortly before the Tribunal, her therapist came into school to see her; didn't mention the Tribunal at all and I just thought that it was just a routine assessment.

At the Tribunal, it turns out that the OT has written up a report and sent it to the Education Office, but never sent a copy to me, her mother!

I am going to complain but I would like to be able to quote relevant legislation/good practice guidance when I write.

Can anyone help me please?

t's difficult to comment without knowing more about the facts. This may well been a mistake rather than delibrate. Persuasion and charm, and avoiding direct confrontation is often more productive in obtaining information about a child's health.

I'm not a lawyer but my understanding is the law on accessing medical records is contradictory. Parental Responsibility includes the right to consent to medical treatment on behalf of the child and the disclosure of information held by health care professionals about the child. These rights exist in order to allow those with PR to exercise their duty of care towards their child.

However, the rights of someone with PR has to be balanced against the best interests of children and their and other parties' rights to confidentiality. Under the Access to Health Records Act 1990 doctors and other health professionals are the only arbitrators of whether disclosing information is in the 'best interests' of the child and in effect can withhold information as they see fit. When there is any doubt a child's medical records may not be disclosed until a court determines they should be released.

How old is your child?

My child is 7. As to a conspiracy, I know that the Education Department are devious, and they are capable of using undue influence of the Occupational Therapist, to avoid getting OT in the Statement of Special Educational Needs. You would be amazed at the dirty tricks they use on parents who dare to stand up against them!