The Education (Pupil Information) (Wales) Regulations 2004

Restrictions on provision of information

10.—(1) The provisions of paragraph (2) apply to the information specified in paragraph 8(1) of Schedule 2.

(2) Nothing in regulation 7 is to require the making available of any information—

(a) originating from or supplied by or on behalf of any person other than—

(i) an employee of the local education authority which maintains the school;

(ii) in the case of a voluntary aided school, a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);

(iii) an education welfare officer;

(iv) the person requesting disclosure; or

(b) to the extent that it would reveal, or enable to be deduced, the identity of a person (other than the pupil to whom that information relates or a person mentioned in sub-paragraph (a)) as the source of the information or as a person to whom that information relates.

(3) Nothing in these Regulations is to require the making available of any information—

(a) to the extent that disclosure would in the opinion of the head teacher be likely to cause serious harm to the physical or mental health or emotional condition of the pupil to whom the information relates or of any other person;

(b) to the extent that in the opinion of the head teacher it is relevant to the question whether the pupil to which it relates is or has been the subject of or may be at risk of child abuse; or

(c) so as to disclose the levels of attainment and any other results in any attainment target or subject of any other identified pupil.

(4) In this regulation “child abuse” includes physical (other than accidental) injury to, and physical or emotional neglect, ill-treatment or sexual abuse of, a child.