data access request

[bjkmummy]

did a request on 20/9 for all of my sons records from the local council. took the form in personally and the data protection bod came down to see me, took the form and my £10 and assured me she would get the info to me asap and she would keep me updated and even took my email address etc etc

so far not a peep and the 40 day deadline is up next tues - response to the tribunal by the LA due next weds. heard on the grapevine they have instructed solicitors so looks like its going to be a bit of a fight.

just phoned council offices - girl dealing with it currently interviewing so they will get her to phone. person on phone made the comment - well if its not due to tuesday you probably wont get it till then which really annoyed me so i said its 40 day maximum -doesnt mean you have to take the full 40 days - anybody who takes a pride in the job would release the information as quickly as possible not deliberately delay - she then said that she didnt really understand the process. just fed up as my LA is playing the game of just ignoring us - they have a reputation of missing every single deadline when it comes to SEN. did anyone else get the info before 40 days or am i expecting too much? if theres a lot of info im expecting they would need to arrange for me to see the files and thats not likely to happen now before tuesday.

Very typical unfortunately. Our LEA delayed and delayed with our DPA request then witheld data anyway - data turned up in their Tribunal papers that they did not disclose. All illegal but the Data Protection Commissioner is snowed under with complaints (not all about LEAs!) so it's a slow process to get help there - though worth pursuing as the LEA may be fined if your complaint is upheld. Also there was no data about any important issues anyway as our LEA avoid written assessments or reports in case they have to disclose them. We had asked them to give a written undertaking that they had disclosed all data so that we could then cite their obvious non disclosure as part of our Tribunal case. You could maybe try that?

she has just phoned me to say she was on leave last week and her manager is on leave this week so they plan to get together on monday to go through everything so although it may not be with me by tuesday it should be by the end of next week - we will see what happens next - good idea about the written undertaking. think i will be living on my nerves next week!