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Primary education

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How to request son's previous personal data.

21 replies

WomanScorned · 23/06/2017 01:38

I've searched, but failed to find, a draft letter requesting all DS's personal data.

Does anyone happen to know the online whereabouts of such a thing?

The information I've come across, so far, assumes I'm making the request to his current school.

The previous school is LA, his current is an academyou, and the process differs slightly between them.

How can I be sure they provide absolutely everything?

In December, the Home/School Liason Officer (I think that's her role; in my head, she's 'pastoral care'; I'm old), told me that the Deputy Head had taken a call from my sister, reporting 'concerns' (that I had a boyfriend, amongst other nonsense!)
During the same conversation, I discovered that this was the second such call, although the supposed boyfriend was a new story.
I suspect that the caller's identity was revealed, only inadvertently.

If this is the case, then I reckon they might utilise the 'danger to pupil...other person' clause, to withhold the transcripts (which I was assured, at the time, existed).

I'm really not planning to 'endanger' my sister in any way; the tactic might be new, but the shit stirring is old hat. This was merely the final straw, the catalyst; DS and I have now moved to the other side of the country to put some physical distance between my family and us!
If, however, my suspicion is correct, I reckon they would want to cover their backs. (The actual staff member is great, BTW, we're FB friends now that DS is no longer a pupil there! Blush)

TIA, anyone who made it to the end. I can see Ive written all this in my usual clumsy (non)style, but I fear I'm just too aged to master 'casual'. Not pompous also needs work...)

OP posts:
WomanScorned · 23/06/2017 01:45

Today 01:05 soapboxqueen

Afaik the process is always the same if you are doing a subject access request. Apologies if I am wrong.

ico.org.uk/for-the-public/personal-information/

OP posts:
WomanScorned · 23/06/2017 01:55

Today 01:44 WomanScorned

soapboxqueen
No apology necessary - all info gratefully received smile

OP posts:
prh47bridge · 23/06/2017 08:44

Have you copied this thread from elsewhere?

As said in the second post, the process for a subject access request is always the same. However, it is unlikely that you will get anything that reveals the identity of the person who made the telephone call as that is the caller's personal information.

WomanScorned · 23/06/2017 12:32

This is what I read, and which suggests there are different processes.

www.goodschoolsguide.co.uk/

The staff member already told me that my sister had phoned, twice.
Is it likely, then, that her identity will be witheld from any paper records I receive? I suppose it depends on whether my sister intended to make the claims anonymously?

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prh47bridge · 23/06/2017 12:51

As far as the law is concerned there is only one process for making a subject access request. I don't see anything on the goodschoolsguide website that suggests otherwise. If there is they are wrong.

Regardless of whether or not your sister intended to make the claims anonymously, the school should not give you anything that could be classed as her personal data. Unless they have her specific consent to the disclosure that may be a breach of data protection.

To be honest, I'm not entirely clear what you hope to achieve by getting your son's records. How will having transcripts of the calls (which I suspect you won't get) help you?

Floggingmolly · 23/06/2017 12:57

The school told you she phoned. What purpose will having access to the personal data the school stored have?

WomanScorned · 23/06/2017 14:03

Yes, PHBRIDGE - I accidentally double posted, so reported the other one to request deletion.

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WomanScorned · 23/06/2017 14:46

Here is the part that seems to me to suggest that LA schools require a different approach to academies/free schools.

'In a state maintained school, this is straightforward: regulations give you the right to see your child’s records, and in Scotland, this right extends to independent schools. But this is not the case for independent schools, free schools and academies in England, Wales and Northern Ireland.'

OP posts:
legoisbest · 23/06/2017 14:58

You cant be sure school provide everything and they will certainly with hold the name of any caller if that is what you want to achieve. Even the notes of the phone call will be some ones interpretation so may well not be what was actually said.

Polter · 23/06/2017 14:59

This is the information you need:

ico.org.uk/for-the-public/schools/pupils-info/

So, for a maintained school you can apply under educational records reg's, but I suspect that might not get everything you'd get with a DPA SAR, whereas for an academy you would need to make a DPA SAR on your child's behalf. The difference seems to be that educational records reg's give parents a right to certain data, but DPA gives the right of access to the data subject i.e. the child not that parent, though parents can act on child's behalf (depending perhaps on age and ability of child).

Polter · 23/06/2017 15:00

If you do a DPA SAR and suspect data is missing you can escalate to the ICO.

WomanScorned · 23/06/2017 15:26

Thank you for the responses.

I'm not sure what I want to achieve.

School staff say it happened.
My mum and our other 4 siblings say it didn't.
I just want the truth!

Posters who have asked what I want to achieve - would you not follow this up? Would you just accept that your child's school record contains random untruths?

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soapboxqueen · 23/06/2017 19:19

Are you wanting to prove your sister called the school so that your family will believe you? As pp have said, that may well be redacted from anything you recieve.

Do you want this information removed from the school record?

WomanScorned · 24/06/2017 11:21

Both, I think. I think it's more that I don't want him moving to his junior school with it on there.

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Floggingmolly · 24/06/2017 11:43

Do you really believe the school would have falsely recorded the fact that your sister (did they identify her by name?) called them with allegations against you?
Why would your mother and the entire rest of your family swear this didn't actually happen, when in reality only your sister could be presumed to actually know?

Floggingmolly · 24/06/2017 11:46

I don't think they have any obligation to remove the record at all, tbh. It happened (presumably), and has no actual bearing on whether the allegations were later proven to be true or false.

WomanScorned · 24/06/2017 13:13

Of course I believe the school staff.

I don't claim to understand my family!

I guess I'm wondering what the heck else is on there, and has followed him/us here?

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WomanScorned · 24/06/2017 13:15

They identified her by name, verbally.

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user1955 · 24/06/2017 13:35

The school seriously overstepped by naming whoever made the allegation, regardless of their feelings and beliefs about the situation. I'm also very concerned about the member of staff becoming a Facebook friend even if your child has now left the school.

As a parent you can ask for copies of any records held about your child BUT safeguarding records are exempt from this. I would think the records relating to the communication with your sister would be stored as potential safeguarding issues, even if the school investigate and dismiss her opinions.

Witchend · 24/06/2017 19:00

In all honesty if someone phoned and said "I'm Op's sister" how would the staff know whether they were actually the sister or someone trying to stir up between you, or someone trying to make a malicious claim sound more reasonable.
So it would get you no further with your family anyway.

soapboxqueen · 24/06/2017 19:19

The school should not have told you who phoned if there was a safeguarding issue. They also have no idea if it really was her. Even if you get the information from the school, this particular piece of information shouldn't be included, if it is, it should be redacted.

Schools can be very bad at passing information on so it may go no further. If it does, the new school will treat it in the same way as the old school.

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