FOI Request - Home Educating Children
Request 101002903875
Under FOISA 2002, please provide me with the following information:
1. When the Local Authority receives a request from parents to remove their child's name from their school roll in order to exercise their right to Home Educate them, who (please specify services and individual roles) is normally contacted,
(a) during the decision-making process and,
(b) after a decision has been made.
2. Please provide where in legislation or Statutory Guidance it specifically allows for Education Department at service level to go ‘to’ others during the decision-making process.
3. Please provide the lawful basis used for the sharing of families' personal information during the decision-making process.
4. Please provide the reason for contacting others:
(a) during the decision-making process and,
(b) after a decision has been made.
Response 12-11-21
1. When the Local Authority receives a request from parents to remove their child's name from their school roll in order to exercise their right to Home Educate them, who (please specify services and individual roles) is normally contacted,
(a) during the decision-making process and,
Quality Improvement Officer - named contact within authority who is familiar with home education policy and practice and has an understanding of a range of educational philosophies. The named contact is the link between home educating families, the authority and other involved agencies. Final decision maker for consent for withdrawal from school.
Social Work Administration Support - carries out Carefirst Check to ensure not on child protection register or been referred to SW for child protection reasons or been referred to the reporter on care and protection grounds or is the subject of a supervision requirement.
Education Administration Support - supports named contact with administration e.g issuing of consent letters, review letters etc.
SEBN Teacher - carries out home visit/meeting/telephone call/email (dependent on parents' choice of communication) to discuss proposals or provision. Home education checklist completed.
(b) after a decision has been made.
Quality Improvement Officer - named contact within authority who is familiar with home education policy and practice and has an understanding of a range of educational philosophies. The named contact is the link between home educating families, the authority and other involved agencies.
Education Administration Support - supports named contact with administration e.g issuing of review letters etc.
2. Please provide where in legislation or Statutory Guidance it specifically allows for Education Department at service level to go 'to' others during the decision-making process.
https://www.gov.scot/publications/home-education-guidance/
http://www.moray.gov.uk/moray_standard/page_53000.html
3. Please provide the lawful basis used for the sharing of families' personal information during the decision-making process.
Public task (Article 6(1)(a) of the General Data Protection Regulation (GDPR)): the processing is necessary for the council to perform a task in the public interest or for official functions, and the task or function has a clear basis in law. The clear basis in law is the relevant legislation and the policy above includes reference to a large amount of legislation, such as the Education (Scotland) Act 1980.
4. Please provide the reason for contacting others:
SEE RESPONSE TO 1a and b. The reason for contacting relevant persons/services within the Council is for a decision to be made on behalf of the Council. That process of internal sharing and discussion is necessary for the Council to make a decision.