Complaints to the Information Commissioner are about data protection. This may be relevant where:

  • A school will not provide a child’s school record, or fails to do so within 15 days of a request under the Education (Pupil Information) (England) Regulations 2005 
  • It appears that a nursery, school or college has unlawfully disclosed a child or young person’s records, in breach of the Data Protection Act 1998 
  • A nursery, school or college will not provide personal data they hold about a pupil, or fails to do so within 40 days of a data subject access request under the Data Protection Act 1998 
  • A nursery, school or college will not provide minutes of governors’ meetings, school or college policies, or other public documents, or fails to do so within 20 working days of a freedom of information request under the Freedom of Information Act 2000.

(Note that the Information Commissioner will not hear complaints about independent nurseries, schools or colleges.)

The parent or young person should first exhaust the nursery, school or college’s formal complaints procedure.

You can find details of how to complain and how to contact the Information Commissioner’s office on its website.

If a governing body fails to provide the school record under the Education (Pupil Information) (England) Regulations 2005, parents can also complain to the Secretary of State.

 

If you haven’t been able to find the answer to your question, you can book an appointment to speak with us.