JenRose Report post Posted June 14, 2007 i have asked the lea for a copy of an email concerning them asking for a placement for M at a special school. they say they received an email from the headteacher in feb saying there were no places and that they had to be strict about the admission criteria. lea have never accepted the dx M has of PDD/AS. lea say i cannot see the email as an authority they do not let 3rd parties see emails. But this is concerning my son, have i not a right to see it? surely its the same as a letter. i need to type an urgent reply to them, why dont they want to let me see this email? i am interested in what they said to the headteacher to make him say comments like that. Quote Share this post Link to post Share on other sites
Bambi Report post Posted June 14, 2007 Under the data protection act u ARE allowed to see anything written about ur child and they have 40 days in which to provide u with this information (my solicitor told me this fact this morn in fact). I am in a similar situation regarding a meeting that was set up without my knowledge (involving professionals only) to discuss my son by social services, i will get the minutes to this meeting and i was told this fact also by the NAS yesterday. Good luck. Bambi x Quote Share this post Link to post Share on other sites
cmuir Report post Posted June 14, 2007 Bambi is correct. Problem is that emails can mysteriously go missing once you persist! Hope you get somewhere. Caroline Quote Share this post Link to post Share on other sites
Helen_1980 Report post Posted June 14, 2007 Yep, evoke the Data Protection Act. I forced the LEA to cough up my daughter's file this way. Quote Share this post Link to post Share on other sites
JenRose Report post Posted June 14, 2007 i have emailed the head of education and told him that his SEN team manager is witholding evidence from the case statement, i quoted the freedom of information act and said that if i dont get the copy of this email by tomorrow im taking further action. they dont want me to have it cos they dont want me to see what they put to the headteacher which was probably detrimental to M going there. Quote Share this post Link to post Share on other sites
mand Report post Posted June 14, 2007 When I had a query about the data protection act and freedom of information act I was referred to the ICO the Information Commissioners office. They have a web site and a telephone advice line and were very helpful in my case. yours Mand Quote Share this post Link to post Share on other sites
KMC Report post Posted June 14, 2007 a) Write a letter requesting all records on file and computer or just specifically the email you are after under the "Freedom of Information Act 2005." You may be charged for photocopying and prices vary. If they fail to disclose your records, you may write to the Data Protection Commissioner who will investigate your complaint. Information Line: 01625 545 745 E-mail: mail@dataprotection.gov.uk Web site: http://www.dataprotection.gov.uk/ Switchboard 01625 545 700 Fax 01625 524 510 DX 20819 Wilmslow Postal address Data Protection Commissioner Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF c) If the Data Protection Commissioner fails then you are free to claim for your records in court. You are entitled to claim for them under the Freedom of Information act in your local court. You may seek legal advice or it is possible to carry this out yourself. Your local court will have a claim form pack. http://www.hmcourts-service.gov.uk/ MATERIALS OF USE The Campaign for Freedom of Information is also useful Campaign for Freedom of Information Suite 102 16 Baldwins Gardens London EC1N 7RJ Website: http://www.cfoi.org.uk Email: admin@cfoi.demon.co.uk Good luck... hope this helps. cheers KC Quote Share this post Link to post Share on other sites
JenRose Report post Posted June 15, 2007 got a letter from the lea this morning on their headed notepaper with the transcript of the email on. its says this: I am responding 1st class to your email sent on Wednesday 13 June. The Local Authority is not able to release email content to a third party. However, I can state that the sentences referred to in the email in question were as follows: ?At this moment in time I can confirm that we do not have a vacancy in a Year 5 group (we probably will have in September but???? this is dependent on other Authorities, the number at post-16, etc, Cheadle will have but it?s a bit far!). We cannot accept pupils who do not have an Autism Spectrum Condition or diagnosis or a related communication disorder we have to be quite strict about the clarity of the diagnosis? i have demanded to see the exact email, so i can see what the SEN manager mailed to the head teacher. At the time of this email M DID have a dx, he had a dx of PDD from the nhs and AS from our independent psych. LEA have not accepted his dx and wont put it as his major special needs, they put he suffers from anxiety and school phobia and obsessions. i am not a 3rd party, im mikes mum and im entitled by law to see ALL correspondence regarding mike. when i phoned the headteacher of the school and asked him to visit he seemed shocked and he said who.s your LEA named worker and i said XXXX XXXXX and he said hmmmm very interesting, so if she told him that M didnt have a dx of PDD/AS it will be in the email, and she wont let me see it. its the same as sending me a copy of a letter from say an ed psych but not letting me see it on their headed paper and putting it on lea paper instead. it stinks and ive kicked up a big fuss and i will carry on doing so cos ive had enough of them. Quote Share this post Link to post Share on other sites
