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request under data protection act - what to ask for?

5 replies

OxyMoron · 10/08/2012 02:31

Hi,

Just wondering if I could ask for advice here.

Dd is due to start in reception in September, needs full time 1:1 (all professionals working with her agree), la refused to statement or fund beyond the level of SA+, which the school can do. Appeal to tribunal has been lodged.

I'm trying to find out what went on during the statutory assessment. 4 sources of evidence listed on note in lieu, all fine. But SEN officer reported to school that decision was made based on (1) advice from a nurse who's never met dd or us and (2) advice from dd's former medical team, rather than her current medical team. None of this extra advice was written and clearly not shared.

I want to put in a subject access request under the data protection act. Do I ask for:
Everything they hold on dd?
Everything relating to statutory assessment?
Everything by name, e.g. report from nurse x, panel minutes, etc?

Sorry this is long. Seems I now have to become a legal expert as well as a medical expert! Thanks for your help.

OP posts:
TorchlightMcKenzie · 10/08/2012 09:02

Ask for everything they hold on your dd AND you. Ask all agencies at the same time (SALT/GP). So if the LA weed (they always do btw) a letter to the GP, the GP will supply it so you can see what and where they are trying to cover uup.

As well as asking for everything, you can put 'including evidence from nurse, and any other correspondence with that department' etc.

You won't get any panel minutes, but you should request these specifically too as their non-existence can be flagged up to a tribunal iyswim.

bjkmummy · 10/08/2012 09:20

i will in a minute go and check my judical review papers from last year that my solicitor sent to the lea and she requested all the information but it was written really well and was quite specific about what we were asking for - will be back in a minute - need to find it for my tribunal as well though im waiting a few weeks until i ask so that the lea keep writing in his file unaware that im going request everything in it

bjkmummy · 10/08/2012 09:24

boo - mine was written as a requestion under the pre action protocol rather than data protection but it said ' copies of all documentation in respect to my sons transfer of statement including all internal and external correspondence, emails, memos, notes of telephone conversations, reports, meeting agendas, briefing notes provided for meetings and minutes of meetings'

may give you an idea of some of the things to ask for

OxyMoron · 10/08/2012 10:15

That's really helpful, thank you.

OP posts:
willowthecat · 10/08/2012 13:58

You should get everything as suggested above but if the LEA withhold data, taking action can be time consuming as the DP Commissioner is dealing with a huge backlog of complaints (not all about LEAs). Also some officials like to decide things over a chat and coffee rather than some boring meeting that might end up being part of a DPA request. But DPA request is a great starting point.

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