DPA - LA have failed to respond to a request made in November

[inappropriatelyemployed]

We had a Tribunal listed for end of Feb.

I made a DPA request in November. The LA had no evidence and were just playing for time, dragging this out.

Chased it two weeks ago and was told there was a backlog.

Today, I am told that the matter has been delayed because the matter was listed for Tribunal so the SEN file couldn't be released. Now the LA have conceded, the file has been released.

I am alarmed. I don't know of any grounds under the DPA to withold subject access because a Tribunal hearing is pending. Do you?

If LAs do this, they can deliberately use this as a tactic to prevent access to their file while proceedings are ongoing.

I suppose you could have got the tribunal to order release.

But, - it's just one flout after another isn't it?

Seriously, there are just SO many things like this I think no-one can get their head together enough to challenge things in their full, but yet, each one is so blatent and obvious and easy to understand individually. I think the people who 'care' just think that why spend time and energy persuing a little thing when the corruption is much bigger and at a higher level.

Your LA don't give a toss. They know you've been done over. They would expect you to be done over again. Any raising of this issue to them and they'll claim further evidence of vexatiousness.....

i had my file released during the tribunal period and i am confused as to why they would try and use this as an excuse. you have a right to the file - i could see they could argue there may be legal privilege documents in the file but then they just dont release them rather than witholding the whole file.

dont think a backlog is a good excuse either - i think you have been fobbed off

Not done over this time Star as we got everything we wanted in the statement - just eventually.

I am not suggesting spending time and energy pursuing this. And I don't know who you mean by the people who 'care'? I've not met anyone or any group prepared to challenge even high-level corruption save for my current solicitors.

I am just flagging this up to people as a potential unlawful time-wasting tactic.

I know you got what you needed this time but it's the same corrupt LA and those people will be resistant to you finding anything to flog them with, as they have good reason to suspect you will.

'. And I don't know who you mean by the people who 'care'? I've not met anyone or any group prepared to challenge even high-level corruption save for my current solicitors. '

I know. Perhaps my expectations of the word 'care' has hit pretty low.

Too true, Star, too true.

Interesting. I made a DPA request and was then told that the new sm would be delayed as the files were out being copied because of my request .
Ds was then permanently excluded and we were asked to delay the disciplinary hearing as the sm could not be amended because of the missing file. We refused to delay the hearing but, miraculously, the sm was then able to be issued that same day so presumably they got the file back (this was in January).
We have now been advised that due to a large backlog of requests they cannot send any paperwork and we are at stage 5 in the 9 stage process .
Anyone know why the file being absent would have prevented the issuing of the statement?

The only thing that should be withheld is any formal legal advice from their solicitor/ barrister or the standard exemption grounds.