FOI request to a school

Youngblood.III

Can you request info from a school on behalf of your child?
Thanks

Peregrinus

I don't think schools are subject to the Freedom of Information Act.

That doesn't mean that they won't give you information if you ask. But the FoI Act doesn't require them to.

They are subject to data protection legislation and, depending on exactly what it is that you are looking for, that may be of some help.

Can you say what it is that you want to know?

Youngblood.III

Peregrinus wrote: »

I don't think schools are subject to the Freedom of Information Act.

That doesn't mean that they won't give you information if you ask. But the FoI Act doesn't require them to.

They are subject to data protection legislation and, depending on exactly what it is that you are looking for, that may be of some help.

Can you say what it is that you want to know?

My child had an accident, the school should have a accident report on it....shouldn't they?
I would be entitled to have a copy??

Dravokivich

Well then why dont you ask your childs teacher about it?

Theres no point looking to hit them so strongly.

Youngblood.III

Dravokivich wrote: »

Well then why dont you ask your childs teacher about it?

Theres no point looking to hit them so strongly.

You don't know the finer details. ..its complicated.
I won't get into it here.

Peregrinus

Youngblood.III wrote: »

My child had an accident, the school should have a accident report on it....shouldn't they?
I would be entitled to have a copy??

I don't know whether they have a report on it. Or more accurately, I assume they have some kind of report or record of the event, but I don't know what form it takes or how detailed it is. I don't know whether the protocols for this are laid down by the Dept of Education, or left up to individual school boards/school managers. If (as I suspect) it's the latter, then the practice may vary widely from school to school.

But, yes, the probably have something. Are you entitled to it?

Not under the Freedom of Information Act, anyway, because as already pointed out the Freedom of Information Act doesn't apply to schools.

You might have a case under the Data Protection Act 1988 for at least partial access, because that Act applies to all "data controllers", and a school is certainly an organisation. One of your rights under that Act is to access to "personal data" - i.e. data that relates to you, and from which you can be identified.

But it's not straightforward, because there are a number of exemptions and exclusions. One is that you're not entitled to personal data relating to someone else. So if there is an accident report, and as well as talking about your child A it also mentions child B, child C, teacher D and principal E, you are not entitled to see the bits referring to B, C, D and E, and the school is not allowed to show you any information that could identify, or from which you could infer the identities of, B, C, D and E. Obviously, depending on the circumstances, that could be a fair chunk of the report.

Plus, you're not entitled to be given expressions of opinion that were given in confidence. So if the report states that teacher D said that the accident was A's fault, or that B was blameless, or the E was less attentive than he should have been, you're not entitled to see any of that.

All in all, a fair chunk of the report could be withheld from you. Exactly how much really does depend on what's in the report. The reason for this is that the DPA isn't intended to be an investigative tool; it's intended to be a mechanism whereby you can check any data held about you for accuracy.

arthur daly

Youngblood.III wrote: »

You don't know the finer details. ..its complicated.
I won't get into it here.

Go to a solicitor!!!

One eyed Jack

Youngblood.III wrote: »

My child had an accident, the school should have a accident report on it....shouldn't they?
I would be entitled to have a copy??

The simplest answer is no, you're not entitled to a copy of any accident report, even if it involves your child. You as an individual wouldn't even be entitled to read the report.

You haven't given any further details, but just on that question alone the answer is no.

Youngblood.III

Found this....dept of Education;

If the student is injured as a result of a work-related activity and requires medical treatment by a registered
medical practitioner this is reportable to the Health and Safety Authority. For example, if a student injures him/
herself whilst working with a scissors during class and requires treatment by a registered medical
practitioner, this is reportable.

Also....
It is important and good practice to record all accidents that occur in the school or during any school-related
activity. The school must ensure that the information gleaned in the accident report is reviewed and control
measures put in place to ensure a similar accident is avoided in the future.
In addition, the school’s accident reporting system must recognise the requirement to report certain accidents to
their insurer and to the Health and Safety Authority.
If there are civil proceedings, it is important to have recorded all the factual information in order to assist with the
validity or otherwise of the case. The following list can be used as a guide to ensure that the required information
is being collected.
The board of management should appoint a person, usually the principal or safety officer where one has been
appointed, to conduct an investigation into all incidents and accidents. Where a safety representative has been
selected he/she may also conduct an investigation. Information in relation to accidents and near-misses should
be recorded on an accident report form or in an accident report book. This information should be reviewed and
used to update risk assessments where necessary.
The information gathered should include:
• date of incident;
• time of incident;
• person injured or involved and relevant contact details recorded;
• witnesses and relevant contact details recorded;
• detail of the activity being undertaken at the time of the incident;
• exact location of the incident and photographic evidence or plans of area if appropriate;
• circumstances of the incident - detailed description and cause of the accident;
• injuries sustained;
• medical treatment administered, e.g. first-aid;
• emergency services involved or called to scene of accident;
• details of equipment and service records for same if equipment was involved in the accident;
• details of notifier of accident, time, date.