Fwd: [senco-forum] SEN records

At 12:00 12/05/2007 +0100, Tara wrote:

There's a difference between 'access' and who looks after the records.
 My understanding is that there are laws which govern this and parents
do have the right to obtain and keep the records once their child is
educated 'otherwise'.

On 12/05/07, Chris Gravell <chris.gravell at green43.myzen.co.uk> wrote:
> At 12:00 12/05/2007 +0100, Tara wrote:
> > From tjr29 at hotmail.com Sat May 12 11:29:26 2007
> >
> >From: "Tara Riddle" <tjr29 at hotmail.com>
> >To: senco-forum at lists.becta.org.uk
> >Bcc:
> >Date: Sat, 12 May 2007 10:29:22 +0000
> >
> >Subject: [senco-forum] SEN records
> >
> >
> >Does anyone know about parents' legal rights to obtain their children's
> >records?
> >
> >I had a child with severe SEN needs in my infant school until the end of KS1
> >July 2006. He then was given a funded place at an independent school in our
> >county.
> >
> >However he was permanently excluded from there at Easter. The LEA are
> >looking at alternatives, but he is still at home at the moment.
> >
> >The parents do not have his records - which are substantial - and I feel
> >that they have a right to keep possession of them until he can be found
> >another placement. It is crucial that the records do not get 'mislaid'!
> >
> >Doe anyone have the answer please?
>
>
> Parents have the right to have their child's records (plus all the manual
> and computerised info held on them, including notes of telephone calls,
> meetings, emails etc.). They can make a request under two pieces of
> legislation, a data subject access request under the Data Protection Act
> (which has to be responded to within 15 days for personal data, and 40 days
> for other data) and the Education (Pupil Information) Regulations -- under
> the latter, parents should ask the governing body for the records, and the
> governors must respond within 15 school days.
>
> More info on DPA rights can be found at:
>
> <http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/technical_guidance_note_access_to_pupils_information_held_by_schools_in_england.pdf>
>
> There are also rights for pupils who are excluded, especially if the child
> has SEN/disabilities. The parents may find this web page useful:
>
> <http://www.ipsea.org.uk/exclusion-support-sheets.htm>
>
> It may well help the parents for them to discuss their options with a live
> adviser -- ACE or IPSEA or both may help.
>
> Best wishes
>
> Chris
>
>
>
>
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