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PostPosted: Thu Nov 29, 2007 4:11 pm 
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Joined: Tue Jun 19, 2007 2:10 pm
Posts: 19
Location: dorset
Hi Everybody
Still here on this site really usefull advice. Ombudsman found some faults with my appeal but not enough to ask for a new appeal . Twice I have requested Clerks notes and minutes but this has been refused :cry: I asked for them to try to understand how the panel arrived at there decision . can I ask for the information through the Information Commissioners Office or is it all a waste of time :?: Ombudsman says I do not need this information as the school clerk has objected to me having access if there is nothing to hide what problem should there be :?:
Very good luck to all going through this complicated procedure .

Best Wishes

Lucy

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PostPosted: Thu Nov 29, 2007 5:02 pm 
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Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7059
Lucy

I'm very surprised that the ombudsman did not provide you with a copy of the notes.

I would certainly make a complaint to the Information Commissioner if you have asked the clerk for the notes in writing "under the Data Protection Act" (you must be very specific), and have been refused.

Whether or not your complaint succeeds depends on the reasons the clerk will give the Information Commissioner for not complying with your request.

"Where a request has been made under the Data Protection Act for access to personal data contained in the records of proceedings, whether that data should be disclosed will depend on a number of factors including: the identity of the person making the request; the nature and individual circumstances of the appeal; the way in which the data is held; and the interests of any third parties identified in the data."

Worth following up - to see whether the clerk has a legal reason for not making the notes available.

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PostPosted: Thu Nov 29, 2007 6:24 pm 
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Joined: Tue Jun 19, 2007 2:10 pm
Posts: 19
Location: dorset
Dear Etienne

I have not asked the Clerk directly for his notes early in the Ombudsmans investigation he told me the Clerk was not going to give me access as they are private for the panel only I did challange the decision it was then turned down by the deputy Ombudsman it is a little strange :shock: I will try the ICO what can I lose :?: I will keep you informed . Thank you for the advice and prompt reply.

Best Wishes

Lucy

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