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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My daughter has had an unprovoked attack at School. This has

Customer Question

My daughter has had an unprovoked attack at School. This has left her with a head injury causing returning headaches and nausea plus nightmares.

We have a meeting with the School on Monday to discuss their decision not to permanently exclude the attacker, even though we understand this is not the first time she has done this.

? There is CCTV coverage of the attack but the school have said we are not allowed to view due to other persons being in the footage who are not directly involved in the incident. Is that correct are we not allowed to view?

? If the school decides not to permanently exclude the pupil, what options are open to us to appeal the decision?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name is Tony, I can answer this for you.

tdlawyer :

Under the Data Protection Act 1988 and the Information Commissioners guidance, there are various principles regarding the storage and release of CCTV images/video to third parties. Typically, they concern the need to balance the interests of those on the video to those seeking disclosure.

tdlawyer :

There is no absolute prohibition on you seeing the video and to say other people are involved and it cannot be seen is not a simple reflection of the state of the law.

tdlawyer :

The upshot is that if you can show a genuine reason of improtance to se the video, you should be able to see it.

tdlawyer :

If legal action was taken, for example, or the video was necessary to work out your legal position and rights, then you shoud be able to see it.

tdlawyer :

In fact, seeing it to understanding the legal position actually exempts the school from citing data protection at all (s.35 of the 1998 Act).

tdlawyer :

The section (s.35) is here: http://www.legislation.gov.uk/ukpga/1998/29/section/35

tdlawyer :

As you might be considering your legal position against the school and individuals concerned, you should be able to cite s.35.

tdlawyer :

Does this help?

JACUSTOMER-1nvfyyav- :

Hi,

JACUSTOMER-1nvfyyav- :

Do you have an answer reference 2nd issue in this incident.

tdlawyer :

Oh yea, sorry. In short, it's the head teachers decision what to do, but you could appeal that decision and take it up formally with the board of governors if you wished to.

JACUSTOMER-1nvfyyav- :

Would involving the Police also an option?

tdlawyer :

It would be for action against the individuals involved yes, but not against the school.

tdlawyer :

Is there anything you would like me to focus upon/answer for you?

tdlawyer :

Please remember to rate the answer/service for me.