Why oh why

[hoxtonbabe]

Now I am sure this is some kind of data protection breach:

me and ds school locking horns, school gather evidence for a disability claim, part of that evidence i see a "report" put together by an EP. The EP has never clapped eyes on my DS, and the paperwork she is using is what the school have found favourable to them.

What is more bizarre is that she has decided to tangle herself up in all this mess, and not actually asked my permission to have access to my sons file, etc...She was given (from the schools solicitor) my ds EP reports and SLT reports, the EP reports were commissioned by me for a previous tribunal and one of them actually says "not to be quoted other than for the party intended for"

It was not intended on the use of the EP to give her general comments on. She then goes on to advise that my LA should warrant a cease to maintain which has nothing to do with what the school issue is about as my LA is different to the school LA, therfore causing further difficulties for my son, I find if interesting that she does not comment on the fact that the school have not ever written a SMART IEP, or ever delivered his provision.

Any advice??

thanks

No useful advice, but I'm going to bump this, anyhow.

I wish I knew the data protection laws in the UK, but this REEKS of being in contravention.

Maybe inappropriatelyemployed might be able to shed some light on it...

This gets very complicated which is why I think some very clear guidelines are required.

I think it is potentially a breach of the DPA. There are circumstances in which consent is not required for the 'processing' of personal data (the onward transmission in this case) but this is sensitive medical data which was specifically described as being not for disclosure so there is a high threshold to be met.

However, these reports have been disclosed already to the LA (or the solicitor acting for the LA) so it could be argued that this is more of a question of the purpose to which they have been put (or the lawful processing of the information) than an issue of disclosure,

There are also issues surrounding the appropriateness of the Ed Psych's conduct.

Would you like to write this up for our information sharing campaign? PM me

Polter: Thats what I would have assumed! but as we have all experienced on here, DPA goes out the window with SEN legal issues.

IE:

The report was for my LA for the tribunal all 8 months ago which is over and done with. My LA is not the same as my DS school, and it is the school I have the issue with on this particular matter not the LA, so whilst they all overlap, they are different matters/issues.

My LA has the documents which was shared with the school for the purposes of the tribunal, the documents were never for the school as such, whilst they may have got hold of them (as the senco had a bundle I think to the run up of my hearing) that was simply for her to go through as a witness, not for this issue

Oh don't you worry IE, I will be taking it up with the ED Psych and her conduct.

Will PM you re campaign

I think if they have already been disclosed and are in the possession of the school, for whatever reason, then the issue is the use to which they are put. This is a question of the lawful processing (i.e. sharing of data).

The problem is the ICO seems very weak on this and LAs hide behind the principle of the reasonableness of data sharing for the sake of the child which can be done without consent.

This really goes to the crux of what we are trying to achieve with the ICO so I would urge you and anyone else who has been put in a similar position to contact me.

The EP is governed by confidentiality and ethics rules which extend beyond the DPA so this conduct is unacceptable.