Why does the NODDY GUIDE, not provide case law to reference for data restrictions relied upon by LAs especially during SENDIST? LA named Witnesses ...
Why does the NODDY GUIDE, not provide case law to reference for data restrictions relied upon by LAs especially during SENDIST?
LA named Witnesses Communication
LAs allege that their communication with their named witnesses is "legal and litigation privilege"-, SENDIST rules states that all witnesses have a underling duty to SENDIST to assist them and remain impartial. Furthermore, SENDIST rules and SEND Code of Practice states transparency and having all your cards on the table in the interest of settling and or preventing disputes. So, as per ICO these communications meet the ICO Education Test/ Health Test/ Social Care Test. When I complained to ICO they allowed the LA to get away with stating that these “communications were Legal and Litigation Privilege”. Surely this is not correct and how can parents argue and or point out this is not the correct position to access data in a timely manner.
FOIs made to the LA’s School/ Therapists in SENDIST
The named LA school their ought to be “independent witness” , share parental FOIs made to them for the purpose of obtaining data to prepare for cases. This is a data breach and strategic conduct by the LA to restrict data and case preparation because the LA have no remit in "advising " their named school witnesses (who’s role is to remain impartial independent and assist SENDIST). ICO allowed this to be acceptable that the LA provided legal advice to their witness school in proceedings and discounted it to be education test and hence this communication has been withheld.
Hence again as per SENDIST rules all cards on the table, was and is not met again with this conduct and position. This strategic data blocking strategy results in parents having to navigate protracted cases and any advice on the correct position would be welcomed. ICO allows this conduct to be acceptable under “public task and legal advice”.
In this case the Service Level Agreement between the LA maintained School and the LA-clearly stated FOIs are the business of the school and the school had its own DPO third party hence why they went to the LA with my FOIs and state the advice is legal advice is a staged data restriction and concealing practice.
Please can someone advice on what can be quoted to ensure accountability and prevent LA from using their power base to misrepresent the law (relying upon Public Task) as the basis to prepare and or interfere with their witnesses releasing information.
Any pointers would be welcome with the addition of a data case law section in the Noddy Guide to point out the practices adopted are not acceptable by the LA and designed for purposes other than legitimate. LAs are acting unfairly and abusing their positional power base against the parent especially those unrepresented.
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