Data protection advice please

[Claw01]

I recently attended an EHCP Tribunal for my son.

CAMHS had written a discharge report, school were c.ced with my consent prior to writing. School shared this with LA without my knowledge.

In the meantime, I noted factual inaccuracies, CAMHS amended report and wrote in bold on the amended report ‘this report replaces original report of X date’

LA had already submitted original, so I submitted amended. At the start of Tribunal the Judge asked why there were 2. I explained and he said most up to date version should be used ie amended version.

This week I received Tribunal decision notice and my son’s final EHCP, with original CAMHS report attached!

I emailed LA informing them the wrong copy was attached. They said check the decision notice (even though this LA Officer was at Tribunal!) decision notice lists date of original CAMHS report!

LA are refusing to use the amended version, despite it being inaccurate and replaced by CAMHS!

What can I do?

So the judge has attached the original rather than revised CAMHS report to the tribunal decision?

I guess the LA can't unilaterally override what the decision notice says, so you'll need to get it either amended or appeal it, based on the fact that the judge said the more recent one should be used.

I'm totally not an expert on this, but it looks as if you can apply under HESC Rule 44 to amend the decision if there's a clerical mistake, which I guess is what this is...

The judge hasn’t attached the appendixes, the LA have.

His decision notice just list what evidence was considered ie reports and dates. He has written the date of original, not amended.

There are a few mistakes within the decision notice. For example listing my friend, who accompanied me as the LA officer and the LA officer as my neighbour!

I also noted he has listed another report wrongly, however LA have ignored this and attached the correct report!

So if he's accidentally written the date of the original instead of the amended in the decision notice, same procedure applies - you need to make an application to correct the decision notice, and then the LA will have to append the correct CAMHS report.

Yes thank you. I have just listed all the errors and googled how to get clerical errors changed on Decision. Seems I should be able to do this quite easily.

I’m just hoping the Judge can remember agreeing to it! As reports are just listed, with dates. I’m hoping it’s common sense and logical!

Once and if agreed, can I insist original is destroyed? As amended replaces the inaccurate report.

Fingers crossed should be straightforward - poor you, I'm sure if you've got to this stage you've had a lot on your plate anyway, without stupid errors.

I don't know re destroying report - perhaps once you've sorted out the decision notice correction, give CAMHS a ring, explain there's been a muddle but it's now corrected, and ask them whether they can liaise with LA to ask for the earlier, incorrect report to be removed from their records. Prob better coming from CAMHS.

What a faff!

Yes, I have! Thanks for your understanding everything is such a battle!

CAMHS can be quite evasive, especially now discharged! I had enough difficulties getting them to correct the report in the first place!

There is nothing to stop LA from sharing the ‘wrong’ report again! The comments that were removed are the type, that once seen, cannot be unseen! They are detrimental to my son and I and the support he is likely to receive.

The ‘wrong’ report was used at Tribunal to try and discredit me.

At Tribunal, you cannot print off CAMHS email where they admit their comments were not based on facts etc. It has already been seen and tainted opinion!

Once the decision notice is corrected, I'd actually approach the LA and ask them to append the correct report.

Just did a bit more googling, and you do have a right of rectification if incorrect data is being held on him (I would think the fact it's been corrected by a subsequent report would be fairly persuasive re the "incorrect"!). So maybe formally contact LA and tell them you want that version destroyed, that you're exercising your right of correction under the GDPR/Data Protection Act, and that you'll be contacting the Information Commissioner's Office if this isn't done.

Here's some basic info: ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-rectification/

Ps make sure you quote all the relevant legislation at them, etc - tends to focus minds! There may well be an Information Commissioner helpline you could ring for advice....

I’ve just sought legal advice from an SEN helpline. They are advising I need to go to 2nd tier Tribunal due to other errors within the decision notice. something I could do without, only just finished this Tribunal.

I can hopefully get the more minor errors corrected then.

I’ve taken a screenshot of your advice. It needs to be destroyed. An inaccurate report should not be shared, with any other professionals, when there is an accurate version!

It most certainly should not be used in ways detrimental to my son, it’s suppose help, not hinder!

Thank you