CAF
Moderators: Section Moderators, Forum Moderators
Re: CAF
It could be either!They wanted to know if the Independent Appeals Clerk is part of the school or a separate organisation?
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
Re: CAF
This would be a typical arrangement when the clerk is - to use the ICO's phrase - "part of the school".All Clerk's correspondence was c/o the school and email address was her own.
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
Re: CAF
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'.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
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
Re: CAF
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
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
Re: CAF
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:Why oh why are they refusing to comply 200% ?
- “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.
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!
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.)
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.Is [a breach of the DPA] somehow in my favour?
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