Data Protection documents - can LA deny me this info?

[Vallhala]

I recently asked my Local Authority for all the information they held on DD2 (as opposed to that which her school held), under the terms of the Data Protection Act. Some 4 weeks after the legal time limit I received some documents and was told that some parts of the LA had yet to respond to the request and that I'd be sent any additional material in due course.

When I looked at what I had been sent I noticed that a Student Support Teacher from the school had emailed an LA employee and stated that he'd put a "full report" on a pertinent matter wrt DD2 upon the LA's central, accessible to all parties database. However, it isn't amongst the documents I recently received. So, I emailed the Data Protection team in the LA and said that I hadn't received this particular document and that I would like it, plus any others which were held on that database and to which I was entitled.

The LA's data protection team have replied, telling me that they had received this "full report" from Education Localities Team but they hadn't sent it on to me because it contained information from the school. The LA added that they have written to the Headmistress of the school to "seek her consent to disclose" the information and they are awaiting the Head's response.

This sounds odd to me. Surely if the information is relevent to DD2, is not something which is covered under child protection concerns/legislation and does not identify someone other than the Student Support Teacher who wrote it, I should be entitled to a copy of it and it should not be down to the head to give or deny her consent? Particularly as the LA have just sent me other documents from the school without having sought the Head's consent?

If someone could advise please I'd be very grateful. I smell a rat - there are already a couple of VERY dubious things going on wrt the LA and school... but I'm no lawyer so I may well be mistaken and don't want to go in all guns blazing if I'm wrong.

Thanks in advance.

How old is your daughter2

Your DD2 could possibly apply for the report in her own name.

You could possibly apply direct to the school and ask the school to release the document.

As I have found, though slightly different, trying to get records from SS they will do all they can to withhold records.

I suspect it is usually an attempt to cover their own backs. I would suggest you take legal advice on this.

I think I will TDWP, I have a feeling all isn't as it should be.

On another note, I read of your own awful experience when you first posted about your DC and your ex's actions. I can only imagine how angry and upset you are and I'm genuinely sorry to learn of today's update. I just wanted to wish you a swift and happy resolution.

Val

You can refer the matter to the Information Commissioner if you aren't happy. You can also ask them for advice. Note, however, that you should apply directly to the school if you want to see your daughter's educational records.

Legally they have 40 days to respond to a subject access request. If it took them 4 weeks longer than that and they still didn't supply complete information that could form the basis of a complaint to the Information Commissioner.

Thank you prh, I think that's the way forward.

Argh! Why oh why does everything have to be so damned difficult!

LA can be a law unto themselves where these matters are concerned.
It is so damned difficult because it is highly likely they are being deliberately obstructive so you will give up.
My DP has lodged an official complaint after subject access requests and other stuff with with a LA's SS dept, were not acted upon.
It's been bloody months. They even broke court orders, asking for disclosure, making excuses along the way.
Boy have they thrown delay after obstruction after delay and broke EVERY one of their guidelines. They have been unbelievably arrogant and dismissive.
These people think they are above the law but my DP will not give up.
Best of Luck in your case.