CAF

[Etienne]

requested notes from the clerk and this was her response:
Further to your request for the notes of your appeal hearing. Please note these are not subject to Freedom of Information requests as they are the property of the Appeal Panel.
In that case could I request it under the DPA?

Zeinab - did you not follow the link I provided further above to "the clerk's notes"?
D4b gives you a specimen letter which specifically refers to the Data Protection Act.

Even so, they may still try to resist. They are quite possibly unaware that the Information Commissioner has previously ruled against admission authorities that refuse a parent access to the clerk's notes relating to their child's case.

Know my mind is playing overtime, but can she change or write out a new set of notes to show that she's covered everything if she hadn't done so during the appeal ?

Seems unlikely.
In particular, it would be very risky to change, or add to, what panel members said at the time, unless they too are going to be part of the conspiracy!

Also, do you think it's a good idea as OP on here ......

Not sure what you're referring to - you are the OP (original poster)!

....... requested to see details of the invigilators report and timings of the exam ? Anything else from your knowledge that we can request that may come in handy ?

If this would be new information, unrelated to any issues raised at the time, then it has nothing to do with a complaint into how your first hearing was conducted. The previous panel could only consider the arguments and evidence put to them. New information that invalidates a significant point in the first hearing would be admissible, but It's not possible to use a complaint to introduce completely new points and re-run the first appeal.

Also when we read the school's case my son found several flaws / cracks which we brought up in the hearing on which one member commented he's a credit to the GS he attended and his sister was lucky to have him as a sibling. The lady presenting the school smiled while my son aired those points. Should the notes have included that info which would have shown that some of the school's case was exaggerated / untrue in areas to make their case stronger ?

Your son's arguments ought to have been recorded.
It was entirely up to the panel to decide how much weight to give them, but the notes ought to show that the panel did take into account the points he had raised.

Even if some weaknesses are exposed in the school case, there's usually going to be enough in the case to satisfy a panel with regard to prejudice. It's not very often that a school case is completely without merit and gets turned down at stage one.

The key issue is: how did the panel arrive at their decision? Do the clerk's notes show that they properly considered all the arguments?

[zeinab]

Sorry, will follow the link, Etienne.

I thought OP meant other person.

Thank you for taking the time and all the help you've given to me.

[zeinab]

Even using the sample letter, the clerk is not willing to send them, but she mentioned I could go through the EFA

[Etienne]

I see there's no mention of the EFA in their decision letter. Could you check all the other paperwork you've received about your appeal for this school, and see whether they have previously mentioned your right to complain to the EFA?

Secondly, could you ring the Information Commissioner's helpline, and do exactly as follows:
• say that you are being refused access to the clerk's notes of your child's individual appeal hearing
• point out that this is a "public body" - an "academy"
• ask whether their refusal - which you have been given in writing - appears to be a breach of the data protection act
• make a careful note of who you spoke to, the time of your call, and exactly what is said.

I hope you'll get a clear answer, but it rather depends who you speak to. The last time one of our members did this, the person who handled the call didn't seem to realise that an academy is a public body, so the answer was a bit vague!

Information Commissioner's Office

Need advice?

Call our helpline on 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number. Our helpline is open Monday to Friday, 9am to 5pm.

[zeinab]

They've mentioned in their hearing date letter that I have the right to contact EFA if I have a complaint..

I phoned the ICO earlier today after the latest response from the clerk and they said try sending it to the school and see what happens, which I did straight away. So just waiting for a response.

[zeinab]

Hi Etienne,

Used sample letter on here to request notes from school after refusal twice from clerk and this is the school's response today:


' The section of the Data Protection Act being used is Part IV Section 30'

Is that right ?

[Amber]

I guess you have probably looked this up already Zeinab:
http://www.legislation.gov.uk/ukpga/1998/29/part/IV" onclick="window.open(this.href);return false;

I am guessing the person is using this bit of that section: 30 Health, education and social work.

(1)The [F3 Secretary of State] may by order exempt from the subject information provisions, or modify those provisions in relation to, personal data consisting of information as to the physical or mental health or condition of the data subject.

(2)The [F3 Secretary of State] may by order exempt from the subject information provisions, or modify those provisions in relation to—

(a)personal data in respect of which the data controller is the proprietor of, or a teacher at, a school, and which consist of information relating to persons who are or have been pupils at the school,

To me that looks inappropriate but I am not at all versed in this stuff, just looked at it out of curiosity.

[Etienne]

Hi zeinab

Like Amber, I wouldn't have thought that Part IV Section 30 applies - but, before going any further, what was the ICO's response to the question posed further above?

• • ask whether their refusal - which you have been given in writing - appears to be a breach of the data protection act

[zeinab]

Amber & Etienne - hope you're well

Phoned IOC after the school's response today & now they're happy to take it from here as like both of you have mentioned section 30 doesn't apply

So it's a waiting game now

A zillion and one thanks

[zeinab]

Hi everyone.

The IOC has contacted me asking me to clarify some things before they take it further. They wanted to know if the Independent Appeals Clerk is part of the school or a separate organisation? I always thought that whilst they were independent, they were still part of the school - though I don't want to provide any wrong information. Can anyone help clarify please?