SCHEDULES

SCHEDULE 11 Educational records

England and Wales

2

This paragraph applies to any record of information which—

a

is processed by or on behalf of the governing body of, or a teacher at, any school in England and Wales specified in paragraph 3,

b

relates to any person who is or has been a pupil at the school, and

c

originated from or was supplied by or on behalf of any of the persons specified in paragraph 4,

other than information which is processed by a teacher solely for the teacher’s own use.

3

The schools referred to in paragraph 2(a) are—

a

a school maintained by a local education authority, and

b

a special school, as defined by section 6(2) of the M1Education Act 1996, which is not so maintained.

4

The persons referred to in paragraph 2(c) are—

a

an employee of the local education authority which maintains the school,

b

in the case of—

i

a voluntary aided, foundation or foundation special school (within the meaning of the School Standards and Framework Act 1998), or

ii

a special school which is not maintained by a local eduction authority,

a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services),

c

the pupil to whom the record relates, and

d

a parent, as defined by section 576(1) of the Education Act 1996, of that pupil.

F14A

In paragraphs 3 and 4 “local authority” has the meaning given by section 579(1) of the Education Act 1996.