The Rise in SEND-Related Subject Access Requests (SARs) in UK Schools and How to Tackle Them

Subject Access Requests (SARs) have become a growing concern for schools across the UK, with a notable rise in SARs specifically related to Special Educational Needs and Disabilities (SEND). These requests, often initiated by parents seeking detailed information about the provision made available to their child, place significant administrative and legal pressures on schools. Understanding why this trend is occurring and how to respond effectively is crucial for schools striving to maintain compliance with data protection laws while safeguarding relationships with parents and carers.

Understanding the Increase in SEND-Related SARs

The surge in SEND-related SARs can be attributed to several factors:

1. Increased Awareness of Rights: Parents are becoming more aware of their rights under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. This includes the right to access all personal data held by schools about their children.
2. Evolving SEND Needs: The complexity of SEND provisions, including rising numbers of children with Education, Health, and Care (EHC) plans, creates vast amounts of documentation. Parents often request these records to understand or challenge decisions made about their child’s education.
3. Legal Disputes: When disagreements arise over SEND support, SARs are often used as a tool to gather evidence for tribunals or legal proceedings.
4. Pressure on Schools: With increasing demands on resources and staff, some schools may inadvertently delay or complicate SEND processes, prompting parents to file SARs to ensure transparency.

Challenges for Schools

Handling SEND-related SARs is often more complex than standard SARs due to the nature and volume of the data involved. Schools face several challenges, including:

• Volume of Documentation: SEND cases typically involve a wide range of records, including EHC plans, meeting minutes, medical reports, and correspondence. Reviewing and redacting these documents can be time intensive.
• Protecting Third-Party Data: Ensuring that information relating to other individuals (e.g., other students and parents) is appropriately redacted is essential to avoid breaches of confidentiality.
• N.B. There is a reasonable assumption that education workers are identifiable in connection with their professional capacity. If you have concerns in doing this, then this should be reviewed with a data protection expert.
• Short Response Times: Schools are legally required to respond to SARs within one calendar month, leaving little room for delays.
• Administrative Burden: With limited resources, managing SARs alongside day-to-day responsibilities can overwhelm school staff.

How Schools Can Effectively Tackle SEND-Related SARs

While the challenges are significant, schools can adopt proactive strategies to handle SEND-related SARs efficiently and compliantly:

1. Develop a Clear SAR Policy: Ensure your school has a robust SAR policy in place. This policy should outline procedures for receiving, reviewing, and responding to SARs, with clear roles and responsibilities assigned to staff members.
2. Provide Staff Training: Equip your staff with the knowledge to handle SARs confidently. Training should cover legal requirements, redaction techniques, and common pitfalls in SEND-related SARs.
3. Implement Efficient Record-Keeping Systems: Maintain organised and accessible records for SEND students. Digital systems can streamline the process of locating and reviewing documents, saving valuable time.
4. Seek Expert Guidance: Partnering with data protection experts, can provide schools with the specialist support needed to handle SARs effectively. Experts can assist with mitigating risk, ensuring compliance, and providing advice on complex cases.
5. Engage with Parents Proactively: Open communication with parents about their child’s SEND support can help address concerns before they escalate to SARs. Transparency and trust-building are key.
6. Use Technology to Redact Information: Utilise software tools to automate redaction processes, reducing the risk of errors and saving time.

The increase in SEND-related SARs reflects the evolving landscape of education and data protection. While these requests can be challenging, schools that adopt proactive strategies and seek expert support can handle them effectively, ensuring compliance with data protection laws and maintaining strong relationships with parents.

If your school needs assistance with SEND-related SARs or data protection compliance, Judicium Education is here to help. Contact us to learn more about our tailored services for schools.

The Role of Judicium Education

At Judicium Education, we understand the unique challenges schools face in managing SEND-related SARs. Our Data Protection Officer (DPO) services are specifically designed to support schools with:

• Expert Advice: Ensuring all personal data is disclosed appropriately in documents where there are concerns, while safeguarding third-party information.
• SAR Management Support: Assisting schools with the end-to-end process of handling SARs, from logging requests to finalising responses.
• Staff Training: Providing tailored training sessions to help staff manage SARs confidently and compliantly.
• Proactive Compliance Strategies: Helping schools implement systems and policies that minimise the administrative burden of SARs.

 

Additional Info

Sofa Session Notes ‘A Guide to Subject Access Requests in 45 Minutes’

Sofa Session Notes ‘Tricky Subject Access Requests’

Sofa Session Notes ‘Data Implications of CCTV Usage’

You can find information regarding our Data Protection Officer (DPO) service here.

Jedu is Judicium's online GDPR compliance tracking software for schools. Our platform is suitable for single schools to large MATs and is designed to assist schools with two critical needs: To enable trustees, Governors and other SLT to monitor GDPR compliance; and to assist you managing your data protection.

If you would like more information on how we can support you or more information regarding Jedu, please get in touch with us.

If you require any support in any of these steps or would like to talk to someone surrounding some support for your school, please do not hesitate to call us on 0345 548 7000 or email georgina.decosta@judicium.com.

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