Why is the school withholding test scores-how do we get them
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kenyancowgirl
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- Joined: Mon Oct 21, 2013 8:59 pm
Re: Why is the school withholding test scores-how do we get
Look at the Appeals section of this forum. When you go into that section, you will see that some of the posts at the very top have a different icon next to them - they are stickies - a bit like a pinned Tweet on Twitter - they appear at the top as they tend to contain generic/consistently relevant/very important information.
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Jumpingthroughhoops
- Posts: 8
- Joined: Mon Feb 26, 2018 1:53 pm
Re: Why is the school withholding test scores-how do we get
Thanks kenyancowgirl!
Re: Why is the school withholding test scores-how do we get
If you find the appeals section on here, there are posts pinned to remain at the top to read before asking a question - they are the "stickies". Etienne is the expert.
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Jumpingthroughhoops
- Posts: 8
- Joined: Mon Feb 26, 2018 1:53 pm
Re: Why is the school withholding test scores-how do we get
Thanks Mystery.
Re: Why is the school withholding test scores-how do we get
Just to be really clear about getting the test data / report:
It does not matter who organised, paid for, or commissioned the test.
Under the Data Protection Act (DPA), if an organisation processes or holds any data about a living person (the data subject) then that person has a right to request that data from them using a process referred to as a "subject access request" (as mentioned above). You are entitled to ALL the data they hold, and they have to make a reasonable effort to demonstrate that it is ALL the data. You do not have to identify what data you think they have, although it is usually recommended that you give them a hint as to what area you are interested in to avoid wild goose chases (in this case test results and/or summaries or reports). It does not matter where the data came from or whether it is held on paper or electronically.
(Aside: There can be some exceptions such as criminal records and national security concerns, or if the data you are requesting also has data about someone else - eg asking for a copy of an email about you which discusses someone else's situation as well would be a valid reason to give you only a redacted version.)
In your case, the school clearly have some data, whether actual test scores or some kind of summarised result/report, and there is no good reason for them to withhold it from you that I can see. Do bear in mind that strictly speaking it is the data subject who should make the request, so it might avoid any challenge if your daughter also signs any letter you send.
Currently, they can require you to pay an adminstrative fee of up to £10 to deal with your subject access request. This is the only reason why it matters how many different organisations have data that is relevant to you - they can each charge this fee, eg the school, GL, the LEA etc.
So if you ask the school and they say they only have a pass/fail report, you might have to go to GL for more detail and they can charge £10 as well, so only do this if you think it is genuinely useful, for example for appeals or if you think you were close enough to try again at same or a similar school in future.
Under the new General Data Protection Regulation coming into force in May to replace DPA, your rights are broadly the same or better, and they *cannot* charge a fee for a subject access request, so lots of organisations are starting to waive that already.
Hope this helps.
PS: IANAL (I am not a lawyer), your mileage may vary, don't run with scissors and don't mix medications
It does not matter who organised, paid for, or commissioned the test.
Under the Data Protection Act (DPA), if an organisation processes or holds any data about a living person (the data subject) then that person has a right to request that data from them using a process referred to as a "subject access request" (as mentioned above). You are entitled to ALL the data they hold, and they have to make a reasonable effort to demonstrate that it is ALL the data. You do not have to identify what data you think they have, although it is usually recommended that you give them a hint as to what area you are interested in to avoid wild goose chases (in this case test results and/or summaries or reports). It does not matter where the data came from or whether it is held on paper or electronically.
(Aside: There can be some exceptions such as criminal records and national security concerns, or if the data you are requesting also has data about someone else - eg asking for a copy of an email about you which discusses someone else's situation as well would be a valid reason to give you only a redacted version.)
In your case, the school clearly have some data, whether actual test scores or some kind of summarised result/report, and there is no good reason for them to withhold it from you that I can see. Do bear in mind that strictly speaking it is the data subject who should make the request, so it might avoid any challenge if your daughter also signs any letter you send.
Currently, they can require you to pay an adminstrative fee of up to £10 to deal with your subject access request. This is the only reason why it matters how many different organisations have data that is relevant to you - they can each charge this fee, eg the school, GL, the LEA etc.
So if you ask the school and they say they only have a pass/fail report, you might have to go to GL for more detail and they can charge £10 as well, so only do this if you think it is genuinely useful, for example for appeals or if you think you were close enough to try again at same or a similar school in future.
Under the new General Data Protection Regulation coming into force in May to replace DPA, your rights are broadly the same or better, and they *cannot* charge a fee for a subject access request, so lots of organisations are starting to waive that already.
Hope this helps.
PS: IANAL (I am not a lawyer), your mileage may vary, don't run with scissors and don't mix medications
Re: Why is the school withholding test scores-how do we get
It is in my opinion most unlikely that the school has some kind of formal data sheet about this child. As it is an in-year admission, and schools can run those in any way they like, I think it far more likely that they have a kind of '17/20' or 'below year average' or something like that on file. Teachers will be marking this kind of thing in their lunch break and will know whether or not the child meets the standard they are looking for. If other children took the test at the time and there are currently no places anyway, it is likely that they 'passed' one or two and 'failed' the rest, because they know what the children need to do when they get there. It is one little tiny bit of autonomy teachers still have left. Asking for a written report on exactly what was awarded is in my view likely to lumber a few teachers with a load of retrospective marking. I know when my own son sat an in year test it was done in this way and all we were told was that in one subject he had exceeded by miles the top marks in the year for a similar task; in another he was among the top performers and in the third was around or slightly below the average at the time. I think maybe on this one, instead of pursuing one's 'rights' to the nth degree, especially if one is considering applying again later, one might be best to accept the decision, even if it is a little bit hard to take.
