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Subject Access Requests

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Dear Wirral Metropolitan Borough Council,

Can you please provide answers to the following questions relating to Subject Access Requests (SARs)?

1, How many SAR’s have been made to the councils Special Educational Needs department in the last 12 months?

2, How many of those SAR requests to the councils Special Educational Needs department in the last 12 months were actioned within the 30 day timescale as set out in data protection law

3 How many of those SAR requests made in the last 12 months to the councils Special Educational Needs department breached the 30 day timescale as set out in date protection law?

4, Do the corporate information management team action SAR’s in relation to the councils Special Educational Needs department

5, If the answer is no to question 4, please provide the reasons why the corporate management team do not deal with SAR’s made in relation to the councils Special Educational Needs department?

6, If the answer is no to question 4, please provide the number of officers within the councils Special Educational Needs department who are available to action SAR’s?

7, In the last 12 months, how many times has the council been contacted by the Information Commissioner Office (ICO) in relation to data breeches specifically in relation to SAR’s made to the councils Special Educational Needs department

Yours faithfully,

Louise Johnson

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

1 Attachment

Dear Mrs Johnson

 

Further to your recent Freedom of Information enquiry, please see Wirral
Council’s response below.

 

1. How many SAR’s have been made to the councils Special Educational Needs
department in the last 12 months?

Wirral Council can confirm it corporately records subject access requests
as closed in the month for each of its corporate functions, we can
therefore confirm 11 SEN requests were closed Sept 19 – Aug 20

 

2. How many of those SAR requests to the councils Special Educational
Needs department in the last 12 months were actioned within the 30 day
timescale as set out in data protection law

The current statutory requirement for complying with subject access
requests is 1 calendar month, unless the request is complex and then this
time period may be extended up to 3 calendar months. 6 SEN requests were
closed between Sept 19 – Aug 20 within statutory time requirements.  The
regulator, the ICO, has given advice during the pandemic that they are
mindful of the additional pressures on resources and are taking a
pragmatic and proportionate approach to breaches.

 

3. How many of those SAR requests made in the last 12 months to the
councils Special Educational Needs department breached the 30 day
timescale as set out in date protection law?

5 SEN requests were closed between Sept 19 – Sept 20 outwith statutory
time requirements

 

4, Do the corporate information management team action SAR’s in relation
to the councils Special Educational Needs department

The Corporate team facilitate the recording of all SARs and help
coordinate a finalised response. Individual service areas, inclusive of
those within Special Educational Needs, are responsible for locating the
information requested, redacting this information as necessary and
supplying to the corporate team.

 

5, If the answer is no to question 4, please provide the reasons why the
corporate management team do not deal with SAR’s made in relation to the
councils Special Educational Needs department?

Information held in SEN records is confidential and access is limited to
qualified officers with direct responsibility for SEN matters. They have
the specialist knowledge of the SEN process and are uniquely able to
identify what information has already been shared with families during the
ongoing process.

 

6, If the answer is no to question 4, please provide the number of
officers within the councils Special Educational Needs department who are
available to action SAR’s?.

There are no designated officers within the SEN Team that deal with SARs.
When a SAR request is received, it would be for the relevant EHCP
Co-ordinator who worked with that child or young person to process the SAR
request, under the supervision of a manager. We currently have 9 FTE EHCP
Co-ordinators.

 

7, In the last 12 months, how many times has the council been contacted by
the Information Commissioner Office (ICO) in relation to data breeches
specifically in relation to SAR’s made to the councils Special Educational
Needs department

Information regarding contacts from the Information Commissioner Office
(ICO) in relation to any data breaches specifically in relation to SAR’s
is not recorded corporately. However we are aware of one complaint
referred to the ICO.

 

Yours sincerely

 

 

Lynette Paterson

Principal Information Management Officer

Wirral Council

PO Box 290
Brighton Street
Wallasey
CH27 9FQ

 

Email: [1][Wirral Borough Council request email]

 

Visit our website: [2]www.wirral.gov.uk

 

 

 

 

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References

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1. mailto:[Wirral Borough Council request email]
2. http://www.wirral.gov.uk/

We don't know whether the most recent response to this request contains information or not – if you are Louise Johnson please sign in and let everyone know.