school reports

[fru5trated]

I m not entirely sure i have posted this in the correct place so please forgive me.
My D is 16 living with foster carers after care order and i have asked for a copy of their school report. SW has said the can not do this as it breaks the child's confidentiality.
However i thought under education law I am entitled.
Can anybody help provide clarity for me.

thanks

[Ignatious]

Hi Fru5trated,

A quick google search yielded this from Houses of Commons Library, Schools: Parental Decision Making and Access to Pupil Records, Section pertaining to Data Protection

This is a copy and paste of that passage :-

The Data Protection Act 1998
Pupils attending any type of school have a right of access under the Data Protection Act 1998 to their own information. This is known as the right of subject access, and it covers all personal data held about the data subject (ie. the information is not limited to the child’s educational record). When a child cannot act for themselves, or the child gives permission, parents can make a subject access request (SAR) on their behalf. As a general guideline, if the child is aged 12 and over the school is likely to obtain the child’s consent before disclosing their personal data to a parent.

I would assume from what you have said, your child is on a care order, thus the Local Authority are involved, and thus have Parental Responsibility for your child.
I would recommend putting everything in writing,... put in a written request (if you have not done so already) with the Social Workers MANAGER. Maybe consult with your (previous) Legal if you maintain a good relationship with them asking for assistance in obtaining technically information you are entitled to receive*, asking for written reasons why they say your are not entitled to the information.
Sidenote* - Subject to your child consenting in light of his age and Gillick compliance**. (** In short his understanding).

[fru5trated]

Thank you for your reply.

Yes my child is in care and I share PR with them.
As far as I am aware my child is in a LEA school and looking at the document you have copied I can request this information till the age of 18. I am only interested in how my child is doing and after finding the SW just says no to pretty much everything I ask for.

They use the phrase "Gillick competence" for everything and i am uncertain that discussions are being had with my child to inform them that, damage is being done by not sharing this information.
During a meeting with the SW I challenged Gillick competence after being told it was the ability to make a choice and explained that my understanding was that it was deeper than just making a choice and was more about being able to make an informed choice. The SW then said that she would have deeper conversations - my concern is that actually they should have been having deeper conversations - this is peoples lives and disconnection impacts the child long term and this should be considered.

In the most recent correspondence my D has said she would like to meet, yet when i ask for a school report its a no.

my D took 2 overdoses was admitted to hospital and yet I wasn't told until a week later. This is just tearing me apart . they have also moved my child again without informing me. None of this makes any sense anymore.


I am finding this extremely difficult, how do you stay connected to your child without any information.

[Ignatious]

Without going into my case here, I lost my children to state care years ago,.. couple of years ago they were placed on a SGO.
I've not seen mine since 2018. (nor them me).
I'm now in a position to seek to discharge the SGO but I have no relationship with my children as a result of court (state) interference.
I'm also in a similar position in regards to not receiving information. I'm forced to go to court to resolve my issue(s). (Date coming up in May)

[fru5trated]

Ignatious,
I'm so sorry for your experience.
I am so frustrated by the tag line helping family's/supporting families because it really doesn't feel like that.
Good luck in court - and thank you for taking the time to reply. It is very much appreciated