Wednesday 26 December 2012

Westlands School wrongly denying mother of her sons information


is anyone having problems getting their childrens information from schools??? do you have PR?? after 8 months of fighting we finally get this... so read on.


(Unmonitored.ACCOUNT@education.gsi.gov.uk)Add to contacts 19/12/2012
To: witt36@hotmail.com

Dear Mrs B


With regard to your complaint against Westlands School where you have been denied access to educational and curricular records.

Please see below a copy of the letter sent today, 16 December 2012, to the grandparents of your son, T

Dear Mr and Mrs Burt
Re: T - Baggaley
I am a case manager for the School Complaints Unit at the Department for Education. Following a restructure within the Department for Education, this complaint has been forwarded to me.
I am writing to you regarding mrs B’s repeated requests to Wends School to see information about Ts educational progress. I understand that you have been granted a Special Guardianship Order for T and that you have stated in writing on 16 May 2012 that you do not wish information or records about him to be passed to Mr and Mrs B or to Dr Kaz. You further state that in your opinion you feel that this would not be in the best interests of T.
It is not clear how much of the correspondence between Mrs B, the school and the Department for Education you have seen save that you are aware of Mrs Bs request. It may be helpful if I set out the law below.
As Ts natural parent, Mrs B is entitled to have access to his educational and curricular record under regulation 5 of the Education (Pupil Information)(England) Regulations 2005 (S.I.2005/1437). This covers information that comes from a teacher or other employee of a local authority or school, the pupil or a parent, and is processed by or for the school’s governing body or teacher, except for information the teacher has solely for their own use. So it will cover information such as the records of the pupil’s academic achievements as well as correspondence from teachers, local education authority employees and educational psychologists engaged by the school’s governing body.
The few exceptions to this include information that T himself could not lawfully be given under the Data Protection Act 1998 or to which he would have no right of access under that Act or by virtue of any order made under section 30(2) or section 38(1) of the Act. The only other exception would be a court order which explicitly restricts a parent’s right to receive such information. Such an order could be the Special Guardianship Order or any other court order.
We therefore need to see a copy of the Special Guardianship Order. Given the information above you can see that it is very important that we see this, together with any other orders that relate to the care of T, so that we can establish whether or not Mrs B is entitled to see her son’s records and/or whether the school is in breach of its legal obligations to provide these records to her.
The Secretary of State has powers under sections 496 and 497 of the Education Act 1996 to make a direction in circumstances where a maintained school or local authority is acting unreasonably in the exercise of a power or the performance of a duty under the Education Acts, or is failing to discharge a statutory duty under those Acts.
Whether or not the Secretary of State makes such a direction will depend to a large extent on whether there is any order in place that prevents the school from fulfilling its legal obligations under the above Regulations.
I look forward to hearing from you with the order, orders and information about why you do not think it is in Ts interests for his mother to have the information she has requested so that this matter may be resolved as quickly as possible.
CC. Westlands School.

I will write to you as soon as I am in receipt of the documentation requested and evaluated all relevant information.

In the meantime I hope that you have an enjoyable Christmas holiday.
Your correspondence has been allocated reference number 2018. If you need to respond to us, please visit www.education.gov.uk/contactus, and quote your reference number.
As part of our commitment to improving the service we provide to our customers, we are interested in hearing your views and would welcome your comments via our website atwww.education.gov.uk/pcusurvey.
Yours sincerely

A Ch
Public Communications Unit
www.education.gov.uk




we wonder if this is why he went on 'holiday'

Torquay Westlands head teacher defends term-time trip abroad

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Thursday, November 08, 2012
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A TORQUAY headteacher has hit back at criticism after taking a foreign trip during term time.
Dr Colin Kirkman (pictured), headteacher at Westlands School, extended his leave by four days for a trip to South Africa beyond the two-week autumn half-term holiday.
  1. Dr Colin Kirkman, head at Westlands
    Dr Colin Kirkman, head at Westlands
Parents face £50 fines for taking children out of school for more than a week during term time.
But Dr Kirkman has defended his decision which meant that he missed the school's prizegiving ceremony on the last day of school.
He said he sought permission from the chairman of governors for unpaid leave either side of the fortnight for the trip that was due to personal reasons but which also included a day's break on safari.
A letter from a group calling themselves 'The Westlands Whistleblowers' is among anonymous criticisms about Dr Kirkman's absence.
The 'Whistleblowers' say they are 'seriously disheartened members of school staff'.
They ask: "Is this the correct behaviour for one of the highest-paid head teachers in Torbay who will in turn be handing out penalties to parents who take their children out of school for holidays?"
Dr Kirkman said: "I think it's unfortunate that people are making judgements without understanding the circumstances behind it.
"I do not think that the staff understand the background but that is because I have not shared those personal circumstances with them. The proper permissions were sought and there were very good personal reasons."
He said that the timing was not to take advantage of cheap flights but because of flight availability.
He said that the first part of the holiday was to attend to personal circumstances but he also confirmed he went on safari while in South Africa.
Dr Kirkman has close links with the country. He spent some of his childhood living in Zambia where his father worked. Westlands is also twinned with two schools in Uganda.
He said: "There were personal reasons that required us to fly out to South Africa.
"The only flights we could get were just outside of the half-term break so I phoned the chairman of governors and asked whether he would allow me to go.
"Having listened to the case, he agreed that under the circumstances that he was happy for me to do so. I sought permission and it was unpaid, and despite that, I worked on the unpaid days. The school is in credit in terms of my time."
Mr Kirkman said that in light of the criticism, he would talk to staff to 'help them understand the reasons' for the trip. Chairman of governors Martin Stentiford could not be contacted.
A Torbay Council Spokesman said that attendance officers monitor and it is down to individual head teachers to decide where to issue penalty notices and fines to parents if children miss school.
The spokesman said: "In Torbay, each head teacher has the responsibility to consider the appropriateness of the issuing of a penalty notice in each individual case and they will instruct Torbay Council to issue a penalty notice."

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