Subject Access Request

[Sunshineandpool]

I had the most awful meeting with school today which I will probably post about separately.

But I just wanted to ask specifically about the SAR I have put in. As per usual the school have to cause an argument about every little thing. I said at the meeting that I was happy to pick up the SAR paperwork so they didn't have to send it. The deputy head claims they had already provided me with the information to my utter confusion. Apparently someone from school has spoken to me about the SAR to ask me what information I wanted! I realise what they are talking about is the SEN admin phoned me and said 'I was told you wanted some information from the SEN department' and I said that yes, I'd asked the head teacher for a copy of DD's ISP and minutes of meetings showing the assess/plan/do/review cycle. At no time was 'Subject access request' mentioned by either of us. In my original email I did say that the LA had suggested I make the request as a way to get information about the graduated response used for DD. But I clearly asked for a SAR not just wanting particular information (in which case I would have just asked for that surely?) So the school is insisting I have only made a SAR today and not 2 weeks ago and so they have a month to comply. I'm so sick of them thinking the rules don't apply to them and they can do as they like.

Any advice as to where I stand? Can I insist on them complying with the law?

Did you previously put the SAR in writing?

I think this is miscommunication on both sides and hinges on whether you have actually made a subject access request in the first place.

Yes, I put the request in an email. The title said Subject Access Request. In it I said I was asking for a subject access request for myself and my DD. Why would I say SAR if I didn't mean a SAR?

From your OP it wasn’t clear you if you had actually formally made a SAR, which is why I asked.

I still think it is miscommunication on both sides. SARs are not always for all data held. A SAR can be for specific information, so I can see the school’s PoV if you had made a SAR, the school asked what information you wanted (clarifying what is wanted is common where a SAR does not specify specific information) and you replied by saying you want specific information.

If you made it clear you wanted all data held in the original request, point the school to that. You can complain to the ICO. However, if the school will reply within a month from now complaining won’t be helpful because the ICO won’t have responded to the complaint before then.

But the school didn't ask about the SAR. There was no mention of it atall. I had asked the headteacher for some information from the SEN department so therefore assumed that was what the lady was talking about. But I suppose firstly, I shouldn't assume and secondly I should ask them to keep all correspondence in writing. I did just say I wanted to make a SAR for my name and my DD's. I didn't specify 'all data held' in my email, though. And yes, hopefully they will reply in a month - we shall see! Thanks for the advice.

This is what I mean by miscommunication on both sides.

The school didn’t specifically say SAR and could have been clearer.

You had wanted some information (that is what a SAR is), so if you wanted all data held you could have been clearer in your response because having made a SAR most people would reply with everything they wanted when they were asked what information they wanted.

Ah, I just got confused! Had so many conversations, emails, letters...the stress is getting to me and I'm struggling to concentrate.