APPLYING FOR SCHOOL RECORDS- Help please

[madsadie]

I am going to Tribunal for part 2, 3 + 4 of my son's statement and I want to get copy of his records.

I'm a bit confused. Should I write to the LEA or his school? Can I turn up at the LEA and ask for them? I know I have to pay and I think that they have to do it within 15 days.

 

I've been given a draft letter which also includes request for medical records - I would have thought I'd have to write somewhere else for these?

 

Also, is it possible that due to the LEA being aware of my appeal, they could be a bit selective with what they include.

 

Be grateful for any advice.

[Sally44]

I'm sure others that have done this will give more specific advice.

 

I have come across file notes (sent to me via the Local Government Ombudsman) from the LEA.

One was useful in that the SENCO said they could not fulfill the Statement.

The other was an EP file note which must have been added and the date changed. I don't see how this could have been a mistake. The EP refers to a conversation that two other people record happened a month later. The only reason for the EP recording an earlier date is that it means the school complied with the Statement and sought her advice BEFORE they made the changes. Both the SENCO and Head confirm in writing that they sought the EPs advice AFTER they made the changes.

 

There is no way of checking whether they would alter records. I would hope not. But a good way of finding that out is to cross references letters and telephone conversations.

 

In my last tribunal I noticed that the LEA had submitted an email I had sent to the Autism Advisory Teacher, but had not submitted her response. I sought a copy of that and found out why. The AAT had said she would support me in seeking a placement at xxxx eventhough that meant going against her employer. No wonder the LEA did not include that!

Edited November 4, 2010 by Sally44

[Grace]

Hi,

 

For school records you need to address your request to the Board of Governors at the school and be very specific about what you want e.g. ask for all e-mails, memos, reports, minutes of meetings, notes of telephone calls, any scored work etc. They have 15 days to comply (school days not calendar days).

 

For the LEA, go on the local council website or ring them up to find the address of their Data Protection officer. Write to them requesting all info held on your DS (any written info/computer info)and include any addresses/contact details on which depts might hold this info. They have 40 days to comply.

 

For both you will need to provide proof of your ID e.g. Passport photocopy/driving licence and proof of address e.g. utility bill, plus proof of ID of your DS e.g. passport photocopy.

 

If your DS has physio or speech and language therapy, you will need to apply to the appropriate NHS trust in a similar fashion. They have 40 days to comply.

 

The LEA can only charge you £10 for the info, so send a cheque with your request.

 

The school/NHS trust can only charge you a max of £50 for the cost of photocopying. They can only charge what it actually costs them.

 

Yes, they can certainly hold info back (by mistake of course!), but check all info you have had and if there are things you know are in existence and they have not included them, go back and say there are things missing and you will have to complain to the Information Commissioner if you do not receive everything.

 

Look up ICO on google if you want more info.

 

Best of luck/x

[caci]

I made an appointment with secretary at M's mainstream primary to go through his school records.

 

I put a post-it note on anything I wanted a copy of and they photocopied it for me (and charged me 6p a page !)

 

I sent copies (of my copies) with my paperwork for tribunal to request a statutory asssessment as my original request had been turned down because the school hadn't submitted enough evidence.

[Kathryn]

Hopefully the school will comply if you follow Grace's advice above.

 

If the records are still not forthcoming, it's worth knowing that when you are in an appeal situation you can request the Tribunal to issue a direction to the LEA to release any documents they have which you need to help your case. The LEA has to comply and there is a relatively short timescale for doing so. I think this applies to health information too but only if the LEA actually has the information you want.

 

You have to tell the Tribunal in writing why you need the information and be as detailed as you can in what you're asking for. There is a form for sending in this kind of request.

 

Hope that helps

 

K x

[madsadie]

Hi Everyone

Thanks for all your advice.

[Grace]

Hi,

 

I forgot to mention, quote the following law to ensure they keep to the deadlines:

 

REQUEST FOR INFORMATION UNDER SECTION 7 OF THE DATA PROTECTION ACT 1998

 

Best of luck/x