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Original poster

Subject access request for an academy

47 replies

MamaTess · 27/10/2023 08:38

Hi all, just want to tap into someone's legal knowledge if possible..

I have been requesting my son's school assessments since his reports came out in July, the school have outright ignored me.

They called me in for a meeting on Monday this week, and I asked to record them as we just go round it circles with them promising actions that never happen, they said I could not record but that they would take minutes. In the meeting they said they cannot provide his assessments or any data/scores around it as it's not information that they actually keep. They changed to an academy in September and all there systems changed so they don't have access to this information, but even if they did, it doesn't exist. I asked for his year 6 ones as they did baseline assessments at the beginning of this year and they don't keep them either...

This doesn't ring true to me at all so I asked them to refuse my request, with the reason in writing. They are ignoring me again. I want to put in a legal request for the information, so that they have to refuse it in writing. However I have just read that a SAR does not apply to an academy. Does any one know if there is other avenues? Or if the SAR might apply to all information held before they became an academy?

I'm so fed up of being ignored, all I originally wanted was to ask some questions about why his school report differed so much to the cognition and specialist report they had done a few weeks before. I just want an accurate picture of how far behind he is, and they just keep telling me he isn't, but won't provide actual information. 😩

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luter · 27/10/2023 08:55

I've been in primary education for 30 years and have never kept scores for assessments.
I use them to help inform my planning and record on our assessments system. This assessment system states the level they are working at (working towards expected, expected or greater depth) but has no numerical score.
Some years I keep weekly scores of certain regular tests - eg spellings, times tables, but these would not be kept on our centralised system and shredded at the end of the year.
The only scores we would have access to are baseline assessments in Reception and Y2 and Y6 sats scores and Y4 multiplication check.

Original poster
MamaTess · 27/10/2023 08:57

@luter so why won't they just put that in writing?? If it's the norm, then it's the norm and I just need to suck it up, but they are refusing to write that out for me. The issue is they are saying that he is working alot higher than he is...

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NCTDN · 27/10/2023 08:58

In my primary school, all assessments are saved on an app called insight. These are termly from y3. Is he y6 now?
They must have something to bear predicted grades on.

handmademitlove · 27/10/2023 09:00

ico.org.uk/for-the-public/schools/pupils-info/#:~:text=You%20can%20also%20ask%20them,subject%20access%20request%20(SAR).

Academies are not obliged to provide educational records under the education regulations but are obliged to provide information relating to a subject access request under gdpr.

Original poster
MamaTess · 27/10/2023 09:07

handmademitlove · 27/10/2023 09:00

ico.org.uk/for-the-public/schools/pupils-info/#:~:text=You%20can%20also%20ask%20them,subject%20access%20request%20(SAR).

Academies are not obliged to provide educational records under the education regulations but are obliged to provide information relating to a subject access request under gdpr.

Thank you so much!

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Original poster
MamaTess · 27/10/2023 09:13

NCTDN · 27/10/2023 08:58

In my primary school, all assessments are saved on an app called insight. These are termly from y3. Is he y6 now?
They must have something to bear predicted grades on.

He is in year 6, they are saying they can't even provide the assessments from the begining of year 6. But don't worry he is fine....he is telling me he is crying in class almost every day.

He has dyslexia, ADHD, and dyspraxia. He can't even spell words like 'where' when I raise things like this, they just say, oh he may never be able to, he has dyslexia!

Which is like a kick in the face cos I pushed and pushed for the dyslexia assessment which we finally got at the end of yr 5, for them to just ignore the recommendations and write him off because of it.

All I want is some evidence, of where he is at right now. I have given up on them otherwise. He has a homework app (from school) and it's sending me emails telling me he is working at age 6 - I don't know why they think it's ok....😩

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prh47bridge · 27/10/2023 09:51

There is some confusion here. An academy is NOT exempt from Subject Access Requests. The only exemption is that they don't have to supply exam scripts, but that exemption applies to all schools, not just academies.

I suspect that what you have read relates to the parent's right to see their child's education record. This is covered by regulations (in England, the Education (Pupil Information) (England) Regulations 2005), but these regulations do not apply to academies. However, you still have the right to make a Subject Access Request on your child's behalf and the school must respond. If they refuse to provide the requested information (or fail to respond at all), you can refer them to the ICO.

To make a Subject Access Request, you should:

  • head your letter or email "Subject Access Request"
  • Include the date of your request
  • Give your name, your son's name and any other information the school needs to identify your son (e.g. which class he is in)
  • Include your contact details
  • State exactly what information you want (which could be that you want everything they hold on your son, or it could be the specific items you want)
  • Give any details, dates, etc. that will help to identify the information you want
  • Say how you want to receive the information
  • State that you are requesting this information on behalf of your son
prh47bridge · 27/10/2023 09:53

Moving away from the SAR aspect, does your son have an EHCP? If not, since you say the school is ignoring the recommendations from his assessment, perhaps you should push for one.

Original poster
MamaTess · 27/10/2023 09:54

prh47bridge · 27/10/2023 09:51

There is some confusion here. An academy is NOT exempt from Subject Access Requests. The only exemption is that they don't have to supply exam scripts, but that exemption applies to all schools, not just academies.

I suspect that what you have read relates to the parent's right to see their child's education record. This is covered by regulations (in England, the Education (Pupil Information) (England) Regulations 2005), but these regulations do not apply to academies. However, you still have the right to make a Subject Access Request on your child's behalf and the school must respond. If they refuse to provide the requested information (or fail to respond at all), you can refer them to the ICO.

To make a Subject Access Request, you should:

  • head your letter or email "Subject Access Request"
  • Include the date of your request
  • Give your name, your son's name and any other information the school needs to identify your son (e.g. which class he is in)
  • Include your contact details
  • State exactly what information you want (which could be that you want everything they hold on your son, or it could be the specific items you want)
  • Give any details, dates, etc. that will help to identify the information you want
  • Say how you want to receive the information
  • State that you are requesting this information on behalf of your son

Thank you so much. I read it on the ICO website but was a little confused. This is very helpful.

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WonderingWanda · 27/10/2023 09:57

Can they provide evidence that he is working at the level they say he is rather than any specific assessment. I would be asking them to get teachers to clarify what it is they feel he can do which enables him to achieve that level. It sounds like they are trying to avoid identifying his needs.

LovelyGreenCushions · 27/10/2023 10:05

The academy is a different legal entity from the previous school though. They may well not have data from prior to academisation

Are you sure that there is data from entry to Y6? Typically assessments would be around October half term (or end of autumn term) as DfE guidance is 3 x a year for teacher workload.

You need to clarify what you want. Scores are meaningless as each school could have their own system.

You probably need to know what NC year he is currently being assessed as working within for reading, writing, maths and grammar punctuation and spelling. ie Y6 or lower. Although I am not sure what help that information is to you?

Takeachance18 · 27/10/2023 10:35

When the transfer happened, the information should have transferred, the same as when a child transfers school, information is shared with the new school.

Original poster
MamaTess · 27/10/2023 14:01

prh47bridge · 27/10/2023 09:53

Moving away from the SAR aspect, does your son have an EHCP? If not, since you say the school is ignoring the recommendations from his assessment, perhaps you should push for one.

This is exactly what I really want to do. But I have zero evidence at the moment, as school are stating he is doing just fine.

They are saying they will gather evidence and apply but they have been saying it for years now. My hope at this point is to get all his records correct before secondary transition, and then try and apply once in secondary. I really can't see it happening in this school even with a parental request.

Right now I think the LEA would tell the school to actually implement the recommendations first.

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Original poster
MamaTess · 27/10/2023 14:11

WonderingWanda · 27/10/2023 09:57

Can they provide evidence that he is working at the level they say he is rather than any specific assessment. I would be asking them to get teachers to clarify what it is they feel he can do which enables him to achieve that level. It sounds like they are trying to avoid identifying his needs.

Right now all they will do is verbally tell me he is doing fine. I have his reports but they just tick off 'expected' my question initially was how have they assessed that he is working at expected levels, as we had his dyslexia report a few weeks prior and they couldn't even score him in some area. They just outright ignored, so I asked to see the assessment, they ignored again, after about 10 emails, they called me in for a meeting to tell me they don't exist, I have asked them to put that in writing. I need it in writing as I expect we may end up at tribunal at some point and we may need to explain why his professional reports differ so much from schools.

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mammabing · 27/10/2023 19:34

Is it worth contacting the chair of governors for the school? At ours that’s the first step towards making a complaint and if they know how serious you are about this they may then stop ignoring you

LovelyGreenCushions · 27/10/2023 20:38

mammabing · 27/10/2023 19:34

Is it worth contacting the chair of governors for the school? At ours that’s the first step towards making a complaint and if they know how serious you are about this they may then stop ignoring you

The Chair is never the 1st stage for making a complaint. They are the 1st stage of appeal. They are strategic and not operational. They are volunteers who simply do not have the time to manage operational matters. By contacting the chair you are asking them to give up hours more unpaid time.

The complaints policy will be on line.

LovelyGreenCushions · 27/10/2023 20:39

And in an academy there may not be any local governance and if there is they may have no role in complaints.

mammabing · 27/10/2023 21:03

Agree that the complaints policy should be checked as each school is different.
At our school governors are the first port of call if the staff aren’t replying which they clearly aren’t in this case. They have an extremely active role but understandably this isn’t the case everywhere.
Please check your school’s policy online OP as they may also be breaking policy in regards to communication. For example, our school’s policy is that we must respond to parents emails/phone calls within 48 working hours. This doesn’t always mean a formal reply, it can be just a quick chat with the parent.

Original poster
MamaTess · 27/10/2023 22:40

@mammabing thank you, I have previously made two written complaints, directly to the head. I had no response at all. I will take a look at the governors though, I think all their policies have changed since moving to an academy. I don't have any hope it will make any difference to be honest.

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luter · 28/10/2023 06:44

* 'I need it in writing as I expect we may end up at tribunal at some point and we may need to explain why his professional reports differ so much from schools.*'

His school reports since he started would be 'in writing'. They state what level he is working at. They are based on the experiences of the teachers who have worked with him each year.
At a tribunal you would show these as the schools evidence.

Original poster
MamaTess · 28/10/2023 09:55

@luter I am disputing these reports though! I need in writing that they have no evidence of the level he is working at.

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Ionacat · 28/10/2023 10:13

The complaints policy has to be on the school website and are usually fairly standard. It’s usually raise the issue informally, then head, then chair of governors, then governor panel, plus governor appeal after that you usually go to the DfE. (Governors are very rarely first port of call if a teacher doesn’t reply, we have better things to do with our time than pick up things that ought to be dealt with by the head - we’re strategic not operational and all volunteers!)

I would write a letter to the head, and say this is a formal complaint under whatever stage of the policy it states and therefore you expect a reply within X working days as set out in the policy. If you don’t get a reply within the time frame, then escalate as per the policy. If you made it clear to the head that you were making a formal complaint with your previous letter and didn’t hear anything as per the time scales, then go to the next stage.

WASZPy · 28/10/2023 11:05

Have you asked to see his books? Those should show you what level of work he is being given and how he is doing with that work.

Original poster
MamaTess · 28/10/2023 12:01

WASZPy · 28/10/2023 11:05

Have you asked to see his books? Those should show you what level of work he is being given and how he is doing with that work.

Yup, he hasn't even written the LO most days.

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Original poster
MamaTess · 28/10/2023 12:03

MamaTess · 28/10/2023 12:01

Yup, he hasn't even written the LO most days.

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Actually I might ask for copies of this. That's a great idea - thank you.

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