Q:
Can parents request a copy of the consultation response? Is there a legal time frame for the LA to respond to the parent?
A parent has been informed that the school they requested have been consulted and they have stated they are not able to meet the needs of the student. However, the LA have indicated that the school consulted stated they cannot offer a place due to not having spaces (which I believe is unlawful). The parent has asked for a copy of the consultation response but the LA have not responded to the request yet.
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 06 Dec 2024
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Yes
Simple
The Code of Practice states the following regarding consultation times:
“9.83 The nursery, school or college, and, where relevant, the other local authority, should respond within 15 days. Where a nursery, school or college identified in 9.78 above is named on an EHC plan, they must admit the child or young person.”
In relation to the documents received as a result of a consultation, parents or young people might argue that it is good practice to receive copies of the documents sent by the school in question; in any event LA's typically forward the response to the parent or young person. If these are not provided following a request, one could make a specific and targeted Subject Access Request (SAR) to the local authority for this information. Organisations are required to respond to a SAR without undue delay, and in any event, within one month of receiving the request. This timeframe begins on the day the organisation receives the request, even if that day falls on a weekend or public holiday. The response is due on the corresponding calendar date of the following month. For example, if a SAR is received on 21st December 2024, the response deadline would be 21st January 2025.
It is possible to extend this period to three months for complex requests, provided the individual is notified within the first month. However, it would likely be difficult to justify such an extension in the example given if the request was specific.
Further information on Subject Access Requests can be found here:
https://ico.org.uk/If someone is before the First-tier Tribunal (FtT), they may request that the Tribunal issue an order, although the Tribunal may prefer the individual to submit an SAR to the LA rather than make an order to disclose the documents. Further, in such cases, the parent or young person can also pose focused and relevant questions to a school which has been consulted. If these are not answered, they could ask the Tribunal to make an order requiring the school to respond.
I hope this is helpful.
Sean Kennedy
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