safeguarding hub webinar parental access to child protection records: protecting pupil disclosure...
TRANSCRIPT
Safeguarding Hub Webinar Parental access to child protection records: protecting pupil disclosure
Katie Michelon --------------------------------------------------
The webinar slides can be downloaded and printed from:http://bit.ly/Katiewebinar
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what we will cover
Parental access to pupil records – child protection and disclosure
Parental responsibility
Refusing to share information with parents
examples
• Pupil sexually assaulted outside of school and doesn’t want you to tell parents
• Divorced non-resident father asks for copies of records about their child held by the school
• Pupil reveals they are being abused by a family member
• Parents of pupil with eating disorder asks for the school to provide information
law and guidance
• Data Protection Act 1998
• Law of confidentiality
• Information Sharing: Guidance for practitioners and managers
• Education (Pupil Information) (England) Regulations 2005
who are “parents”?
• Section 576 of Education Act 1996 – “parents” for the purposes of education law
- all natural parents (whether married or not)- anyone who has parental responsibility (“PR”)- any person (even though not a natural parent)
who has care of the child• Generally, anyone who is a parent has the right to
participate in decisions relating to their child’s education and receive information about their child from the school
parental responsibility (1)
• Mother automatically from birth
• Father if married to mother when child born or since married her
• Unmarried father where:
- child born from December 2003 and jointly register the birth
- obtains a PR agreement from the mother
- obtains a PR order from the court
parental responsibility (2)
PR can also be acquired by others via:
•residence order•appointment as guardian•adoption•emergency protection order•naming in a care order (local authority)
parental rights – practical points
• establish who has PR and who are parents at the outset
• several people may have PR• expectation that schools treat parents equally unless
court order dictates otherwise• section 8 order may limit PR• obtaining consent – what’s your policy?
sharing “educational record” with parents
• Regulation 5 of Education (Pupil Information) (England) Regulations 2005
• applies to maintained schools and independent special schools only (not academies)
• school must make available for inspection or provide a copy of a pupil’s “educational record” if requested to do so in writing by a parent
• must be supplied within 15 school days of request
meaning of “educational record”
• any information processed by/on behalf of governing body which:- relates to pupil or former pupil of the school; and - originated from/was supplied by any member of staff, the
pupil themselves or a parent of that pupil
• GB must not disclose any information which they would be prohibited from sharing with the pupil themselves under the DPA or which that pupil would have no right to access themselves (consider third party information)
• specifically includes a statement of SEN and personal education plan
sharing other information
Guidance sets out 7 ‘Golden Rules’:•the DPA is not a barrier to sharing information•be open and honest with the person from the outset•seek advice if in doubt (without disclosing ID)•share with consent where appropriate (and without it if it is in the public interest to do so)•consider safety and well-being of person•necessary, proportionate, relevant, accurate, timely and secure•keep a record of your decision and what you share
7 key questions
• clear and legitimate purpose for sharing?• does the information identify a living person?• is it confidential?• do you have consent to share?• if you do not have consent, is there sufficient public
interest to share the information?• are you sharing appropriately and securely?• have you properly recorded the info sharing decision?
consent
• consent must be informed. • person must understand:
- why information needs to be shared- who will see their information- the purpose to which it will be put- the implications of sharing it
• parent or child’s consent? • see guidance criteria para 3.23
sharing without consent
• may be sufficient “public interest” to share information without consent
• sharing without consent will be justified:
- when there is evidence that a child is at risk- to establish whether there is evidence that a child
is at risk
some key messages to take away
• ensure you know the guidance• work through the seven key questions• you can overrule a lack of consent when appropriate• consider how you share information – is it safe
enough?
useful resources
Information sharing: guidance for practitioners and managers (chapter3)
•http://www.education-advisors.com/resource/information-sharing-guide-for-practitioners-and-managers/
Training video on managing disclosures of abuse
•http://www.education-advisors.com/resource/managing-disclosure-of-abuse-information-sharing-and-confidentiality-feb-2012/
www.education-advisors.com
Safeguarding Hub Webinar Questions & Answers
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Your next Safeguarding Hub webinar will be:
Information-sharing health-check Ann Raymond
Tuesday 29th April at 4pm