FOI Request - Data Processing

Request 101002588559

1. Upon a request being received by the Council to remove a child’s name from their school roll in order they be home educated, does the council contact, (i.e. process personal data) to:

(a) the school,

and

(b) other agencies,

as part of the process?

2. If so, what is the legal basis for (a) and/or (b)?

3. If so, how and when is advance notification provided to data subjects?

4. Please also provide me with your current Data Protection Impact Assessment for your Home Education policy.

Response 05-10-2020

1. (a) The school is contacted regarding the request to home educate to inform them of the request and gather any relevant information around the situation. An example of this would be to ascertain whether the child’s parents live together since when parents are not together permission needs to be sought from both parties before proceeding with the request. Once consent to withdraw the child from school has been granted the school is sent a copy of the consent letter for their records.

(b) A Carefirst check is requested to establish whether there are any child protection concerns that may have an impact on the request to withdraw the child from school. If concerns arise social work are consulted.

2. School – the legal team have been consulted and have advised that where parents are no longer living together there has to be agreement from both to withdraw a child from school. Schools provide this information.

Carefirst/Social Work are contacted in line with the Scottish Government Home Education Guidelines:
On receipt of a request from a parent, you should consider quickly whether there is any
existing evidence, either in an authority’s own records or from other services or agencies,
indicating that there may be good reason to refuse consent.

3. Having received a written request to withdraw a child from school the family are sent an email including the National and Local Authority policies and informed that as part of the withdrawal process some checks will be carried out. Sometimes there will be a phone call to discuss the process as well but some families stipulate that they want any communication to be in writing.

4. In accordance with section 17 of the Freedom of Information (Scotland) Act 2002, please be advised that no DPIA is held.