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Sally44

Asking to see all documents on file about your child

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Can anyone tell me what the procedure is for this.

Who do I write to, and what do I say.

Do I have to pay anything?

How long will it be before I get documents.

Are the documents made 'available' for me to look at or are they all copied to me.

Do you have to specify every document that mentions his name, emails, file notes, records telephone conversations etc.

 

AOI on this would be useful.

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I used a template letter from the Office of the Information Commissioner http://www.ico.gov.uk/for_the_public/personal_information/how_manage/access_info.aspx

 

I believe it costs up to £50 to cover photocopying charges, admin etc (same for PALS medical information requests).

 

It is worth being very specific about the type of documents you're asking for then there is little room for error or misunderstanding on the agency's part. Could save time later.

 

Mind you, you're not guaranteed to get the information you're after. I got very little from my son's school (little more than his attendance record and address :wallbash: ), and they even claimed that my request was against the Data Protection Act. Eventually, the school claimed that I'd already been sent all relevant information so they couldn't provide any more - at that point it became a very difficult argument of one person's word against another's - legally I suppose the school could claim to have fulfilled their responsibilities even though they clearly hadn't.

 

Oh, one other thing - teachers' personal notes aren't included in Freedom of Information, nor info about your child that appears on another person's file, so you would have less chance of access to those. IMO staff may use this loophole to avoid making detailed on-file recording of a particular child so that parents don't have access to this information.

 

Hope you're more successful than I was. To be fair I had a lot on my plate at the time and couldn't pursue it as much as I'd have liked, so maybe you'll fare better.

 

Karen

x

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Do you have to wait for them to photocopy and send the information, or could I go to the school (for example) and they gave me his file and I photocopied it there and paid for the copies?

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Hi, this leaflet is quite useful in terms of actually writing a letter to the school requesting records and it gives a few pointers of things to consider: http://www.asperger.org.uk/Downloads/info-sheets/Child's_School_Record.pdf

 

direct.gov.uk had following info about requesting school records:

 

Getting access to pupil records

All state schools must keep educational records on their pupils. These should include:

 

•copies of the reports you will have been sent on their achievements, as well as other records about those achievements

•exchanges of correspondence you have had with the school

•any information the school has on your child's education from the local authority

There may be other records kept, like details of exclusions, behaviour and family background, but this is not compulsory. The educational record does not include the notes that a teacher makes for his or her own use only.

 

also found the following info on another site (Essex council site - its a leaflet but have copied text) - note it says at end it is not talking specifically about a childs SEN records:

 

Parental access to school records

 

As a parent, can I see my child’s school record?

 

As a parent you have the right to see or have a copy of curricular and educational records relating to your child that are kept at the school. If your child is 16 or 17 years of age then you and your child have a right of access. If the pupil of the school is aged 18 years or over then only the pupil has a right of access.

Headteachers / Governors are required to make a pupil's record available to a parent or the pupil only on receipt of a written request. A response to such a request must be made within 15 school days.

A charge may be made for the cost of copying.

 

What information can I see?

 

Any material in a pupil's educational record which originates from, or has been supplied by, a teacher at the school, an Education Welfare Officer, or an employee of the Local Education Authority. Such records include information about attendance, achievement, progress in school, punctuality and disclosure of

National Curriculum attainment level (This list is not comprehensive).

Teachers' hand-written notes and subjective assessments may not be accessible.

 

The following material is not available for scrutiny:

 

• records made before 1 September 1989

• information received from third parties, e.g. reports from social services, medical reports and probation service reports

• information concerning another pupil

• information which, in the opinion of the Headteacher or Governors, might cause serious physical, mental or emotional harm to the pupil or any other person

• information relating to actual, alleged or suspected child abuse references, e.g. to a potential employer, UCAS or colleges’ ethnic data

• school reports to juvenile courts

 

Who else can see my child’s records?

A governing body of a school whether a state or independent school. Most higher education institutions may only request the transfer of educational records of pupils who are transferred to them.

 

What about information held on a computer?

 

Only the child concerned has right of access to computer held information, or the right to authorise a request to be made by a parent on their behalf, provided they understand the nature of the request. If they do not, a parent is entitled to make a request on behalf of the child and receive a reply. Governors of the school will need to satisfy themselves whether or not the child understands the nature of the request

 

Information about a child's special needs is not covered within this leaflet.

 

Legally, you have the right to a copy of your child's school record within 15 school days of you writing to ask for it. If you have asked for a copy, the school may make a small charge for the cost of copying.

However, some information can’t be shown or given to you or your child. This might be because the school thinks it might harm the child or another person in some way. If the school decides to do this, you can ask them to explain why.

Edited by westie

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Sally

 

I wrote to the SEN department at County Hall in Matlock requesting that I see the files and have photocopies. I said that I was including the £10 fee (its £50 to have info from the NHS). I organised to go up to Matlock and sat in a room with another person and looked through all the files. I put markers on all the pages that I wanted copies of and these were photocopied there and then and given to me. I guess if you wanted full copies it would take longer but on the whole I recognised what I already had.

 

The way that information can be held back from you ie removed from file or summaries is if it is third party information or if it was felt that giving you such information would be detrimental to your health and wellbeing.

 

Karen

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Do you have to wait for them to photocopy and send the information, or could I go to the school (for example) and they gave me his file and I photocopied it there and paid for the copies?

 

 

Sorry for other long post, I would say from info I have read that you write the letter requesting access to the records, they have 15 days to reply and then you can go in and view the records and see which ones you would like copies of. If they think that showing you certain records will cause harm to your child then they can refuse to let you see them but they have to explain why.

Edited by westie

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another tip - if you child's case has been before any panels such as Complex Needs panels or Resource Allocation panels run by the LEA to make decisions about statements, don't forget to ask for the minutes of these. You just need to ask for extracts from the minutes of any meetings or decision making panels where your child's case was discussed. You won't get much but you will be able to see how the SEN staff are framing you child's case to other professionals at the LEA, the decisions made and the reasons for those decisions. I found these the most useful items from making at DPA request.

 

Also, if your LEA has been consulting schools for you child, you can ask for the consultation letters they sent and the school responses (as these will say why a school thinks it can or can't meet your child's needs). They have to provide all of these - but say you want these whether they are in hard copy letter or email form...

 

YOu may have to send into a photocopy of your passport and that of your son as proof of identity too when making this request

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The website of the Information Commissioner has useful guidance on this. You can ring them if you have any questions and this is the body to complain to if information is being withheld from you.

 

K x

Edited by Kathryn

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On receiving legal advice, I have been told it would be a better use of resources (ie. money!) if I don't try to seek an independent placement now, but wait until transfer year.

If I ask for copies of all his records now, could that go against me in transfer year ie. the LEA would be forewarned and would be careful what they said and what they recorded running up to the transfer annual review?

 

I know this all sounds rather cloak and dagger. But from a complaint I put into the LGO I have come across a file note by my son's SENCO which states the school cannot fulfill the Statement, an EP file note of a conversation between the EP and SENCO which the EP must have been backdated because it cross references to other documents dated a month later (and the only reason to alter the date was for the EP to demonstrate compliance - a month later means it was non-compliance).

 

I will be going to tribunal because the Statement is currently illegal. But could I jeopardise things by asking for copies of my son's files now rather than waiting for transfer year?

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I don't think requesting copies now will jeopardise anything for the future. All you are doing is asking to look at his file which is your right in law. It is quite separate from SEN process. You will probably make the LEA a wee bit jumpy by asking for it but they are very tied up with secondary SEN transfers for year 6 pupils this time of year so will barely give it a thought. They may think 'oh, that case may be a problem next year' but they won't do anything pre-emptive because they are so busy and inefficient. The good thing about the DPA is that you can resubmit a request again next year. I would time a second request so you know that you will be getting something new from the request (eg: after they have started consulting schools for your son as you will want to see the school responses). You may need to submit a couple during the transfer period (November-Feb/March)to get the full picture.

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I don't think requesting copies now will jeopardise anything for the future. All you are doing is asking to look at his file which is your right in law. It is quite separate from SEN process. You will probably make the LEA a wee bit jumpy by asking for it but they are very tied up with secondary SEN transfers for year 6 pupils this time of year so will barely give it a thought. They may think 'oh, that case may be a problem next year' but they won't do anything pre-emptive because they are so busy and inefficient. The good thing about the DPA is that you can resubmit a request again next year. I would time a second request so you know that you will be getting something new from the request (eg: after they have started consulting schools for your son as you will want to see the school responses). You may need to submit a couple during the transfer period (November-Feb/March)to get the full picture.

 

That is very useful to know and consider.

And I am worried that any DPA search now might make them much more guarded for future correspondence. But I suppose they have to say what they have to say and they cannot 'coach' schools on how to respond to their enquiries can they?

My son is currently in year 5, so will they start discussing transfer from November 2010 to March 2011? Is there any time limit to these DPA requests ie. does there have to be a minimum period of time between these requests?

 

As I want to begin Appeal proceedings and want to ask the LEA some questions and get their response, I was thinking of using the DPA around December time. I have a deadline of beginning December by which time I must have lodged my appeal. That means we will have a further AR in Feburary 2011 and the appeal will be sometime around June 2011. So hopefully all provision in the new Statement will be in place for the beginning of year 6.

 

Can anyone tell me. As the AR's have so far been in Feburary. If we go to appeal and the Statement is amended in June, when will our next AR be. Will it still be in the following February?

Edited by Sally44

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A couple of general points:

 

1. Annual Reviews are a bit of a misnomer. The school has to review them at least annually by law but there is nothing to say that you can't have them more frequently. Between June of year five and March of year six, for my son we had three 'annual' reviews - 3 in less than a year (June - year 5; October year 6; and March year 6) I asked for the reviews to happen when they were convenient for me! If you have a reasonable relationship with the school there is nothing to stop you doing this. Paragraphs 9.5 and 9:44 (interim reviews) of the Code of Practice may be worth a look

 

2. One of the challenges is trying to predict in advance how the LEA will react to a request to change the name of the school.It is a bit like a game of chess. And you do need to think strategically. If you are suggesting a relatively expensive independent school they will either try and defend the current placement or rake around for something less expensive than the one you suggest So and do your homework now on why none of the options they are likely to suggest can meet his needs (unless of course you are happy with the ones you are suggesting)

 

3. There is no restriction on time limits between DPAs at all -BUT you bombard them with loads one after another they insist they have given you everythng already and not respond so really you need to get one in now to get all the paperwork you haven't seen and then submit another once they start dealing with your case in detail when you appeal and start generating new paperwork associated with it!

 

I should perhaps add here that my son was in mainstream primary from nursery and statemented from the age of 5. During year 5 I started, like you, to think about specialist independent schools and he is now a month into a new secondary residential placement at an AS specific school and it's brilliant. We appealed but the LEA caved in a month before the tribunal so we were very relieved.

 

Loads of luck with you battle - you seem on the ball about it!

 

Sunflower1

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Can anyone tell me. As the AR's have so far been in Feburary. If we go to appeal and the Statement is amended in June, when will our next AR be. Will it still be in the following February?

 

The AR should be in February, or before. It has to be within 12 months of the last review, so if it's held in June it'll be overdue. The date of the review is not the date of the meeting or the headteacher's report, but the date that the LA writes to you with its decision following the review.

 

Lizzie x

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The AR should be in February, or before. It has to be within 12 months of the last review, so if it's held in June it'll be overdue. The date of the review is not the date of the meeting or the headteacher's report, but the date that the LA writes to you with its decision following the review.

 

Lizzie x

 

 

Not according to the LGO. The LGO used the AR meeting date (which was already a month overdue). They recognised that it was overdue but said they felt any effect was negligible. I never got a letter from the LEA regarding the outcome of the AR meeting. I got a letter a couple of weeks after the AR saying they were going to re-assess.

Edited by Sally44

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A couple of general points:

 

1. Annual Reviews are a bit of a misnomer. The school has to review them at least annually by law but there is nothing to say that you can't have them more frequently. Between June of year five and March of year six, for my son we had three 'annual' reviews - 3 in less than a year (June - year 5; October year 6; and March year 6) I asked for the reviews to happen when they were convenient for me! If you have a reasonable relationship with the school there is nothing to stop you doing this. Paragraphs 9.5 and 9:44 (interim reviews) of the Code of Practice may be worth a look

 

2. One of the challenges is trying to predict in advance how the LEA will react to a request to change the name of the school.It is a bit like a game of chess. And you do need to think strategically. If you are suggesting a relatively expensive independent school they will either try and defend the current placement or rake around for something less expensive than the one you suggest So and do your homework now on why none of the options they are likely to suggest can meet his needs (unless of course you are happy with the ones you are suggesting)

 

3. There is no restriction on time limits between DPAs at all -BUT you bombard them with loads one after another they insist they have given you everythng already and not respond so really you need to get one in now to get all the paperwork you haven't seen and then submit another once they start dealing with your case in detail when you appeal and start generating new paperwork associated with it!

 

I should perhaps add here that my son was in mainstream primary from nursery and statemented from the age of 5. During year 5 I started, like you, to think about specialist independent schools and he is now a month into a new secondary residential placement at an AS specific school and it's brilliant. We appealed but the LEA caved in a month before the tribunal so we were very relieved.

 

Loads of luck with you battle - you seem on the ball about it!

 

Sunflower1

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Tried to reply to Sunflowers post:-

 

Okay, so my understanding is that the AR will be around Feb as per usual, but that they might do another AR.

 

This makes me think about something else I've noticed. Usually it is impossible to get professionals in to assess your child. Since the first AR, the complaint, the re-assessment etc, the SALT has said to me that she may want to do further assessments from time to time. Part of me thinks this is great and could be useful. Another part thinks that it maybe an attempt to stop any independent professional carrying out assessments because there has to be a 6 month period inbetween re-assessments. It just struck me as strange that suddenly they were telling me that they 'might' assess at any time. Should I ask them to let me know before they assess and to let me know what they are assessing for?

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