Dear Mrs B
With reference to your complaint against Westlands School, Torquay, Devon.
Please see below the response sent today, to Dr Colin Kirkman, Headteacher, Westlands School and note that Mr and Mrs Bur are also copy recipients of this correspondence.
I hope that you are now able to resolve your complaint to your satisfaction and request that you quote the reference number at the foot of this page in any further correspondence with the Department.
_________________________________
Dr Colin Kirkman
Headteacher
Westlands School
Westlands Lane
Torquay
Devon
TQ1 3PE
14 February 2013
Dear Dr Kirkman
Reference – Tun
I write further to our letter dated 15 October and your response dated 12 November 2012. As you are aware the Department of Education has been asked to look into a complaint made by Mrs B whose son Tun attends Westlands School, Torquay. Due to departmental changes please note that Ms Clark has not been dealing with this case and it has been passed to me for evaluation and response.
Mrs B made a request to access Tuns school records which was declined by the school. As stated in our previous letter, a parent’s right to their child’s educational record is clearly set out at regulation 5 of the Education (Pupil Information)(England) Regulations 2005. A parent includes a natural parent and/or one with parental responsibility.
The Department is aware that a Special Guardianship Order (SGO) has been made in respect of Tun. The effect of a SGO is to give parental responsibility to the special guardian (Section 14C (1), (a) Children Act 1989). Parental Responsibility is defined in section 3(1) of the Act as "all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property." The SGO does not operate to take parental responsibility away from the mother. The only order that could do that is an adoption order. So Mrs B is still Tun’s natural parent, and still has parental responsibility. It's only the extent to which she can exercise her parental responsibility which is limited by the SGO. Furthermore the making of a SGO in itself does not operate to release a governing body from their obligations under the Regulations I have referred to above.
I have considered the legal advice that you obtained from Torbay Council, the SGO itself and the written reasons for the Order made by His Honour Judge Tyzack QC on 19 January 2012. On reading the reasons of HHJ Tyzack QC it shows that Mrs B had confirmed that she was not seeking residence or contact with her sons. Mrs Baggaley’s objection to the making of the SGO was the proposal that Tun live with his grandparents rather than foster parents which was her preference. The Judge reached a different conclusion believing that it was in the children’s best interests to live with their grandparents. What is also clear is that it was expected and hoped that Mrs B would be involved in Tun’s life and both her children also said that they wanted to see their mother. It would therefore undermine the Judge’s reasoning based on these facts if it was not in the interest of Tun for his mother to see his educational record as asserted by Mr and Mrs Bur.
In addition there is no reference in the Order, express or implied that would override the school’s legal obligations under the Education (Pupil Information) Regulations 2005. Paragraph 11 states that ‘all previous orders are discharged’.
Therefore unless an order has been made since the SGO of 13 January 2012 the school must release a copy of Tun’s educational record to his natural parent(s), Mrs B, within 15 days of receipt of any written request.
The Department has copied this letter to both Mrs B and to Mr and Mrs Bur so that they are aware of the Department’s position. I therefore look forward to hearing from you with confirmation that you have or intend to release the requested information to Mrs B in accordance with your legal obligations as outlined above.
Yours Sincerely
Amanda Christian
CC, Mrs B
CC, Mr & Mrs Bur
Your correspondence has been allocated reference number 2012/0070918. 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 at: www.education.gov.uk/pcusurvey.
Yours sincerely
Ministerial and Public Communications Division
www.education.gov.uk  |
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