Right to Access Information

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Data Protection Act Rights

If you have parental responsibility and your child is under 12 years of age, you can request copies of their personal information. For children of 12 years and over, they can request this information in their own right and consent may need to be sought for you to request this on their behalf. This can be requested in one of two ways:

• If the school are not an academy or wholly independent school, you can request a copy of their educational records under the Education (Pupil Information) (England) Regulations 2005 and this is required to be supplied this within 15 school days.
• A request can be submitted to an organisation under the Data Protection Act 2018 (DPA). A request for this information is known as a subject access request.

A request can be made to any organisation which holds personal data about a person. The DPA calls these organisations ‘data controllers’ but this simply means any organisation which processes information. For example:

• Schools
• Further Education Colleges
• Local Authorities
• Integrated Care Boards and any other health service body which holds relevant information

What types of educational records can I access?

Educational records include:

• A record of your child’s academic achievements, their other skills and abilities and their progress in school. This record must be updated at least annually – usually by the school report – and for a child with an EHC plan, by the annual review. It must also include test and assessment results.
• Details of exclusions and the governors’ view of the exclusion; the parents’ case if they asked for it to be added to the record.
• Individual education plans/records of Special Educational Need support in school.

How long will this process take?

The usual time limit for compliance (there are some exceptions) is one calendar month.

If you have made a number of requests or your request is complex, they may need extra time to consider your request and they can take up to an extra two months to respond.

If they are going to do this, they should let you know within one month that they need more time and why.

How much will it cost?

In most circumstances, they should give you a copy of your personal information free of charge.

However, an organisation can charge a reasonable fee to cover their administrative costs.

They can also charge a fee if you ask for further copies of your information following a request.

If an organisation can charge a fee, the one-month time limit does not begin until they have received the fee.

How can I request this information?

You can make a subject access request verbally or in writing. If you make your request verbally, we recommend you follow it up in writing to provide a clear trail of correspondence. It will also provide clear evidence of your actions. You may wish to exercise your right of access by following these steps:

Step 1

Identify where to send your request. The organisations policy on Data Protection should detail the handling of such requests.

Think about what personal data you want to access.

Step 2

Make your request directly to the organisation, stating clearly what information you want. You might not want all the personal data that the organisation holds about your child. They may respond more quickly if you explain this and identify the specific information you want.

When making a subject access request, include the following information:

• Your name and contact details.
• Any information used by the school to identify or distinguish your child with the same name (e.g., date of birth).
• Any details or relevant dates that will help it identify what information you want.
  For example, you may want to ask for:
  • Your child’s academic achievements
  • Your child’s attendance record
  • Details of any assessments carried out with your child between certain dates (for example, from 1 Sept 2022 to 1 April 2023)
  • Details of any special educational needs support provided.

Step 3

Keep a copy of your request.

Keep any proof of postage or delivery.

If the request is not responded to, you can make a complaint to the organisation. If your request was made as a Subject Access Request under Data Protection legislation, then you may be able to further your complaint to the Information Commissioners Office.

Template Letter

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