CAF

Consult our experts on 11 Plus appeals or any other type of school appeal

Moderators: Section Moderators, Forum Moderators

Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: CAF

Post by Etienne »

They wanted to know if the Independent Appeals Clerk is part of the school or a separate organisation?
It could be either!

Does the clerk use a personal email address, the school's email address, or a company email address?

And what address is used for correspondence - a private address, the school address, or the address of a separate company/organisation?
Etienne
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

Afternoon Etienne,

All Clerk's correspondence was c/o the school and email address was her own.

Shall email the school and see what they say.
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: CAF

Post by Etienne »

All Clerk's correspondence was c/o the school and email address was her own.
This would be a typical arrangement when the clerk is - to use the ICO's phrase - "part of the school".
In practice the clerk might well work from home, and is of course meant to be completely independent of the school admissions process.

Good idea to ask the school to confirm. If they refuse to co-operate, you can pass that refusal on to the ICO.
Etienne
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

Etienne, I've sent you the ICO email regarding the appeals clerk
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: CAF

Post by Etienne »

Thank you!
Etienne
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

Etienne wrote: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
A member of ICO phoned to tell me that she would have to read the above Section in depth, referring it to someone more senior to make sure what the school mentioned is 'possibly right'.

Does that mean the school might get lucky and we don't get to see the notes ?

Where's bloomin Inspector Clouseau when you need him .

Looks like it's gonna be a long school holiday :(
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

As my lovelies on here, Etienne & Amber kindly pointed out, the section does not apply

School now has 2 weeks to respond to ICO
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

School still reluctant to comply with 2nd request from ICO. Haven't had a chance to get full update from my case worker on what ICO are going to do next as she will be back next week.

Has the school breached the Data Protection Act & if so what does that mean ? Is that somehow in my favour?

Why oh why are they refusing to comply 200% ?

This journey is absolutely not for the faint hearted, but I'm a beast............just :(
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: CAF

Post by Etienne »

Why oh why are they refusing to comply 200% ?
It would be interesting to know if they have taken legal advice. They are probably relying on the 2012 Appeals Code. As we explain in the Q&As (D4), the wording of section 2.27 in the Code isn't exactly helpful:
    • 2.27 These notes and records of proceedings must be kept securely by the admission authority for a minimum of two years. Such notes and records will, in most cases, be exempt from disclosure under the Freedom of Information Act 2000 and the Data Protection Act 1998, but admission authorities receiving requests under those Acts for information or data contained in such notes or records should obtain legal advice.

      Some admission authorities will undoubtedly use paragraph 2.27 to discourage parents from requesting a copy of the clerk’s notes. However, under the Data Protection Act (not Freedom of Information) I think it more likely than not that parents will be entitled to any notes relating specifically to their own child’s case. Further advice, if necessary, can be sought from the Information Commissioner’s helpline.
Unless the school has good legal advice to the contrary, it seems very unwise of them to ignore guidance in the letter sent to them by the ICO.
In previous cases we have dealt with on here, the school has always had to give way in the end - but in one instance it took a whole year before the clerk's notes were made available! :roll:

Wait and see what the case officer has to say when she returns to work, but at some point you may wish to decide not to wait any longer because you want to get on with a complaint to the EFA. (It will probably take up to two months for a complaint to be investigated, so there is still a possibility that the school might provide you with the clerk's notes during that time.)
Is [a breach of the DPA] somehow in my favour?
Not necessarily. You will only get a re-hearing if it can be shown that the appeal process itself was seriously flawed. The evidence for this, if it exists, will be in the clerk's notes. As things stand, the only information you have is the decision letter, which may not give the full picture.

The EFA will have access to the clerk's notes, but it would have been helpful if you too had an opportunity to check what is in there.
Etienne
zeinab
Posts: 353
Joined: Sun Jul 25, 2010 11:25 pm

Re: CAF

Post by zeinab »

Thank you for your help, Etienne.

Will wait and see if the school complies with a request sent a couple of days ago.
Post Reply
11 Plus Platform - Online Practice Makes Perfect - Try Now