Duties of head teacher — educational recordsE+W
5.—(1) Within fifteen school days of receiving a written request by a parent for disclosure of a pupil’s educational record, the head teacher of a maintained school and of a special school not maintained by a local authority must make it available for inspection, free of charge, to the parent.
(2) Within fifteen school days of receiving a written request by a parent for a copy of a pupil’s educational record, the head teacher of such a school must give the parent a copy of it on payment of such fee (not exceeding the cost of supply), if any, as the governing body may prescribe.
(3) In every case where the pupil is under consideration for admission to another school (including an independent school) or to an institution of further education or any other place of education or training, the head teacher must transfer the pupil’s educational record to the responsible person, free of charge, if that person so requests, within fifteen school days of receiving the request.
(4) The record supplied under paragraph (3) must not include the results of any assessment of the pupil’s achievements.
(5) When complying with a request for disclosure or a copy of a pupil’s educational record under paragraphs (1), (2) or (3) of this regulation, a head teacher must not disclose any [F1information—
(a)which the head teacher could not lawfully disclose to the pupil under the GDPR, or
(b)to which the pupil would have no right of access under the GDPR.]
[F2(6) In this regulation, “the GDPR” (“y GDPR”) means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), read with Chapter 2 of Part 2 of the Data Protection Act 2018.]
Textual Amendments
F1Words in reg. 5(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 365(2)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2Reg. 5(6) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 365(3)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Commencement Information