8.—(1) The provisions of paragraph (2) apply to the information required to be provided by regulation 4 consisting of brief particulars of a pupil’s skills and abilities and general progress.
(2) Nothing in regulation 4 shall 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 grant-maintained or 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 (within the meaning of the Education (No.2) Act 1986)(1);
(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 paragraph (a)) as the source of the information or as a person to whom that information relates.
(3) Nothing in these Regulations shall 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; or
(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 in any attainment target or subject of any other pupil.
(4) In this regulation “child abuse” includes physical (other than accidental) injury to, and physical and emotional neglect, ill-treatment or sexual abuse of, a child.