CAF

[zeinab]

Thank you, Etienne.

[zeinab]

Would the EFA not have to provide a copy of the notes if they received a Subject Access Request under the Data Protection Act?

We've not heard of anyone who's sent an SAR to the EFA, but it would certainly be worth trying once the notes are in their possession.
However, under the Data Protection Act 1998 they would be entitled to 40 days in which to respond.(Quote)




Morning Etienne,

It's been over 3 weeks since the EFA started their investigation - do you think now is a good time to see if they've received a typed up copy of the notes, and if so, ask for a copy to be sent to me, under the DPA ?

[Etienne]

Hi zeinab

Worth a try - to see what happens.

[zeinab]

Afternoon Etienne,

Please can you check your email.

Requested copies.

[Etienne]

Hi zeinab

I think the issue with the original notes was the way in which they were stored - the school completely shifted its ground from Part IV Section 30 of the DPA, and started claiming instead that they were not part of an accessible filing system.

Perhaps the next step should be to say to the EFA:
"In view of the difficulty I have had in getting any personal data from the school, may I ask whether you have received a copy of the clerk's original notes as well as a typed up copy? My concern is whether a version produced after the event is an accurate transcription of the contemporaneous notes."

Once you know what information the EFA has, then you could try requesting a copy.
Meanwhile you would have flagged up one of your concerns.

[zeinab]

Yes, know what you mean, Etienne. Will include that.

Thank you as always for your guiding hand.

[zeinab]

Hi Etienne,

Have sent you 2 emails.

They haven't sent me the copy which I asked for, but they make it sound like I asked for the original which isn't so.

Something is not right as the response letter is vague. They should have explained into depth how they came to their decision with each evidence viewed.

I really need to see the notes.

[Etienne]

I really need to see the notes.

Agreed.

As I wrote way back on 26th June:

• • Unfortunately, this could just be a badly worded decision letter, in which case all that would happen in the event of a complaint to the EFA is that the school would get its knuckles rapped. It would simply be told it had breached section 2.25 of the Appeals Code, and must improve its decision letters.
    The key question is whether the clerk's notes show that the panel properly considered why prejudice would be caused to the school, and whether it took fully into account your academic evidence.

[zeinab]

So do I just ask again to see a 'copy' of the notes ? If they refuse, is there anything I can do, Etienne ?

Come this far and not giving up, as all along I've not had sight of the notes.

[Etienne]

Suggest you try writing again, zeinab, with the heading "Data Protection Act: subject access request".

If they refuse, is there anything I can do, Etienne ?

Back to the ICO!