LA saying they CANT send me ds's file

[claw4]

Appealing SA and have sent FOI request to LA. They are telling me they cannot send me a copy of the info they have on ds and that I will have to go to their office and look at the file.

Can someone please remind me of the Law that says they HAVE to send me a copy.

oh claw, I don't have it to hand atm but if it wasn't a rl little boy at the centre of this i'd be rofl!

You'll get it but you do know they are buying time to weed stuff right!?

You have the right to request copies of anything you see the day you view at photocopy charge but i would stick with 'EVERYTHING' being sent because they can't make up evidence in retrospect.

have they put their refusal in writing?

08456 30 60 60 (Lo-call rate)
01625 54 57 45 (National rate)

ICO phone numbers - subject access.

They have 40 days from the request date so might be stalling if there are tribunal deadlines to push you past.

www.ico.gov.uk/for_the_public/personal_information/how_manage/access_info.aspx

Don't know if this is helpful but from the ico website:

here - which says you have a right to get a copy of information about you.

and

here

I know that although the Act gives 40 days, some LA have guidelines that says they willl respond earlier.

Opps - cross post with Starlight.

And make an appointment to go and see it asap and count how many pages there are / photograph any ones you are scared might suddenly 'vanish' or get copies on the day. TBH i would be surprised if there is much of a paper file, mostly this stuff is all electronic these days. We've always got ours on disk or by email and they password protect it.

They emailed telling me there were "3 SEN file plus tribunal file" and asking me to make an appointment to go and view the files.

I replied stating i was happy for them to send them ALL of the files.

They replied stating they cannot do this, i have to go to view.

Today, i have been given some really bad news, my mum has terminal advanced secondary liver cancer and it is really not looking good, she has to have a op to try and remove half of her liver tomorrow and to be honest i havent got the time or the patience to be sitting in a LA office all day sorting files. When i have far more important things i could be doing.

"The organisation should give you the information in writing but they need not do this if it is not possible, if it takes ?disproportionate effort?"

Thanks for the link Star, looks like i have no option but to go to the LA office.

Claw

Desperately sorry to hear about your mum. That's devasting news.

School tried the 'you can only come in and look' on me.

A letter to them reminding them of your rught to have a copy and stating that you will pay the prescribed costs associated with photocopying the records (there is a max of - it used to be £40) should do the trick.

You should then raise a formal complaint against the Council if they fail to deliver within 28 days. Might find complaining to your Councillor also helps.

WTF do these idiots not realise that there are laws that they - arrogant though they are - actually do apply to them

I have just emailed her back stating that if the LA are refusing to send me copies, then make me an appointment.

No - see my last post above. Don't let them put you under pressure to go in.

Wet according to the link that Star provided "The organisation should give you the information in writing but they need not do this if it is not possible, if it takes ?disproportionate effort?"

I assume the LA will use this?

At the moment i really dont feel up to a battle, i feel like im on a emotional roller coaster and figured it might be easy to just go to the office.

Claw, I'm sorry to hear about you mum. You've had such a lot on your plate and now this. Hope that they can come up with a positive post-op plan.

I'm with Wet. I don't think they woukd get away with 4 files representing disproportionate amounts of work. The stuff they sent me fills a whole shelf and my LA were evil too.

Did they state their refusal in writing? Did they give their reasons in writing? You can probably contact one of the charities for advice as to how to get the tribunal to order they send you copies.

I'm sorry you are being robbed of your time when you need it so badly. Make sure the LA don't know the additional stress you are under.

My Ds is back at school at the end of this week and dd starts nursery just over a week later, if there's any research I can do then or letters to draft for you to edit/adapt just say.

"When we have a request such as this we ask the parent or their representative to arrange a visit to XXXXX to view the files. The papers that you/your solicitor need can then be identified and these can be photocopied"

I replied "I am happy for you to send me copies of all the files and info"

They replied "We cannot send you the information from the files, so we need either yourself or your representative to come in and view the files and identify what you would like copies of I?m afraid"

That sounds like a refusal?

I have replied "if you are refusing to send me copies, then make me an appointment"

Just to clarify that they have refused. Its probably easier to just go and view the files, the time it will take with all the back and forth and disagreeing.

Thank you very much for your offers of help. To be honest i started this thread before i received the news about my mum. I think im in shock, im not really taking it in.

My mum has been dxed with bowel cancer and liver cancer today, without so much of a hint of it beforehand. She has been told its severe and they need to try and operate ASAP, but there is a very high risk, she wont recover from the surgery.

She has now asked for the surgery to be put off until next Tuesday, so she can spend some time with her family.

Im in bits, i really shouldnt be here. Sorry guys i really appreciate all your advice, but i need to come to terms with this.

So sorry to hear this Claw. xx

Of course Claw. I'm sure your perspective of everything has taken a huge blow.

You know if you need it you can get delays or postponements wrt tribunal deadlines etc.

I didn't apply to see DS's file under DPA or FOI.

I applied under

Statutory Instrument 1989 No. 1261

The Education (School Records) Regulations 1989

Link here www.uklaws.org/statutory/instruments_03/doc03828.htm

I agree the DPA/FOI gives them the get out clause of 'disproportionate effort' but the Ed Regs (above) don't give them that excuse. They state quite clearly that you ask - they supply.

Claw - so sorry you are having to go through this. Prayers for your mum's surgery and recovery.

Claw, I am so sorry.

Suggest you email the council info commissioner stat with copy of the refusal message, asking what can be done

since you have no representative and mums sudden life-threatening illness (use that phrase, but then normal talk for rest of the email) is preventing you from coming in.

Cc the unhelpful lackey's top boss and your councillor if no joy.