Help getting child's school records

MaD2ko0l

Long story short, my partner split with her child's dad many years ago and the child has been bouncing between houses etc.

Recent events have us questioning some things at school and we wanted to see all of her school records to see if there is anything there that can help us put time lines together and see if we can see where the recent "issues" have come into pay.

The child is 13 yrs old and goes to an academy which is part of the e-act.org.uk.

We read a bunch of things on GDPR and ICO to see how to get the information and though we did it right and got the correct request etc etc.

We submitted a Subject Access Request (SAR) using the template found here citing "the Education (Pupil Information)
(England) Regulations 2005 – Regulation 5":
https://sendadvicesurrey.org.uk/right-to-subject-access-request-template-letter/

We had a reply (at the end of the 15 days...no rush) saying that this SAR is not relevant to academies and that "your request for information comes under the legislation of a Subject Access Request and Data Protection law states that, if the request is made by a parent and their child is over the age of 13, the child’s permission must be received."

The child has denied us access to her records.


So we are well and truly perplexed by this as not being able to get information about the child at all. My partner is the parent and primary parent at that but because the child is 13 we cannot access the child's records at all?

Is there anything that can be done so that we can get access to these records? or is there any other method/legislation/regulation that we can submit to get this information?

MattMattMattUK

MaD2ko0l said:

Long story short, my partner split with her child's dad many years ago and the child has been bouncing between houses etc.

Recent events have us questioning some things at school and we wanted to see all of her school records to see if there is anything there that can help us put time lines together and see if we can see where the recent "issues" have come into pay.

The child is 13 yrs old and goes to an academy which is part of the e-act.org.uk.

We read a bunch of things on GDPR and ICO to see how to get the information and though we did it right and got the correct request etc etc.

We submitted a Subject Access Request (SAR) using the template found here citing "the Education (Pupil Information)
(England) Regulations 2005 – Regulation 5":
https://sendadvicesurrey.org.uk/right-to-subject-access-request-template-letter/

We had a reply (at the end of the 15 days...no rush) saying that this SAR is not relevant to academies and that "your request for information comes under the legislation of a Subject Access Request and Data Protection law states that, if the request is made by a parent and their child is over the age of 13, the child’s permission must be received."

The child has denied us access to her records.


So we are well and truly perplexed by this as not being able to get information about the child at all. My partner is the parent and primary parent at that but because the child is 13 we cannot access the child's records at all?

Is there anything that can be done so that we can get access to these records? or is there any other method/legislation/regulation that we can submit to get this information?

It does appear that you do not have an outright right to access the records based on what you have said above.

https://ico.org.uk/your-data-matters/schools/pupils-info/

I understand that you probably will not want to say what these "issues" are on public forum. I am presuming your child has SEN issues of some kind as you linked to a SEN charity, in which case you might be better speaking to them directly. If it is a bullying related issue the speaking to one of the children's/school anti-bullying charities. Even speaking with the school directly if your concerns relate to them is probably better than sending an SAR as whilst they can not supply an SAR without the child's consent they can talk to you about a child you are legally responsible for.

sheramber

Surely it would be appropriate to discuss the"issues" with the school and see if between you you can come up with any explanation.