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Can someone tell me more about FOI requests

9 replies

Shells · 30/06/2013 09:11

I am in the middle of statementing process with the LA and our mainstream school. I do have my doubts about them and what provision they can provide for DS. What kind of information can I get access to and how do I go about it?

I just feel as though all sorts of conversations are had about him that I am not party to and I would like to know straight what they feel about having him in their school.

OP posts:
Shells · 30/06/2013 09:11

Thanks in advance.

OP posts:
LowLevelWhinging · 30/06/2013 09:18

I'm no expert but FOI requests are not for personal information as I understand it.

They're more like, for example, how the LA have spent their budget or whatever.

Stuff like this

I think you'd be looking at data protection legislation. A quick google brings up this site

Is that any good?

inappropriatelyemployed · 30/06/2013 09:26

Yes you need the DPA, data protection act. You can find info out on the ICO website here

You can ask for the school file and there are special rules about that.

You can also write to all parties and say you would like to be part of any information sharing and make it a condition of your consent. They are probably already doing it!

Shells · 30/06/2013 09:32

Oh ok - good links. Thanks. What do you mean 'condition of consent'. What would I be consenting to?

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inappropriatelyemployed · 30/06/2013 10:11

You could write saying you only consent to data sharing if you are included in the process. You could also tell all health professionals involved that you wish to see a copy of any report etc before it is disclosed to others.

There are circumstances in which LAs can lawfully share data without consent but putting it this way means that they would have to justify it.

However, in reality they will all talk and go 'off record' etc. this is the way it happens. Some of us are trying to campaign for lawful data sharing - seehere. Do get in touch if you have a story to share

harrassedbythem · 30/06/2013 11:11

I requested information near the end of a process, rather than the start or middle. As IE says they tend to go 'off the record' and are more likely to do this if they know you are the sort of person likely to request info under the DPA.
It can be a real eye-opener to see some of the records but can be useful. As an example right back when dc started at the school we had to wait weeks until a start date (had a sm). I said to them that funding was not a reason to delay admission but they denied that it was down to money. Lo and behold records show that school wouldn't admit without the extra funding and were 'not coping even with the SA+ children they have'. Hmm. Mind you, if I had known that earlier it would have explained subsequent events.

bochead · 01/07/2013 22:46

Under what circumstances can they legally data share without consent?
Under what circumstances can they with hold info without consent?
My lad's SALT stuff has gone so far off tangent I'm going to have to pay for an independent assessment to get us back on track Angry.

inappropriatelyemployed · 01/07/2013 22:53

Boc - they can if there are 'safeguarding issues' or it is 'necessary for legal proceedings' etc There are exemptions but the ICO is suitably vague about their application.

bochead · 01/07/2013 23:39

Thanks for that - a polite reminder of the letter I sent regarding data sharing when DS had his initial salt assessment 4 years ago is in order methinks.

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