1. 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 Do your colleagues need to use the Hub? Your subscription includes 6 log-ins. Make sure you’re using them all. For help call the Hub Line and speak to our friendly team! 0845 0738805

2. what we will cover Parental access to pupil records – child protection and disclosure Parental responsibility Refusing to share information with parents

3. 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

4. law and guidance Data Protection Act 1998 Law of confidentiality Information Sharing: Guidance for practitioners and managers Education (Pupil Information) (England) Regulations 2005

5. 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

6. 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

7. 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)

8. 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?

9. 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

10. 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

11. 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

12. 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?

13. 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

14. 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

15. 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?

16. useful resources Information sharing: guidance for practitioners and managers (chapter3) http://www.education-advisors.com/resource/information- sharing-guide-for-practitioners-and-managers/ 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/ http://www.education-advisors.com/resource/managing- disclosure-of-abuse-information-sharing-and-confidentiality- feb-2012/

17. www.education-advisors.com

18. contact details Katie Michelon | 0115 976 6189 | katie.michelon@brownejacobson.com

19. Safeguarding Hub Webinar Questions & Answers -------------------------------------------------- Your next Safeguarding Hub webinar will be: Information-sharing health-check Ann Raymond Tuesday 29 th April at 4pm