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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can my son's school directly email a member of a medical team

Resolved Question:

Can my son's school directly email a member of a medical team without my knowledge or consent .
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain your situation a little more?

Customer:

My 1o yr old son was suffering with very bad flare of ulcerative colitis and in November after biological medications failed to work he was off school due to his condition leaving him very fatigued and having 20+ visits to the toilet in the mornings alone , the school were kept fully upto date with what was going on . He was admitted for scopes and whilst on the ward his ibd nurse informed me he had received an email from the school despite my ringing them and his ibd nurse emailing them to update them . I have no knowledge of what was in the school email and the school still haven't informed me they had done so .

Alex Watts :

Why did the email the medical team?

Customer:

The school were given his contact information to enable them to ask general questions about my son's illness as he is the first child in the school with it and now first with a stoma .

Alex Watts :

Can the school email the medical team without permission - no, they should not

Alex Watts :

Potentially this is a breach of the data protection act as they are sharing information without your consent.

Alex Watts :

You should write to the school and make a formal written complaint.

Alex Watts :

If that does not resolve the matter then the next step is to complain to the information commissioner. They can investigate your complaint and prosecute if necessary. They are located at: www.ico.gov.uk

Alex Watts :

Finally Section 13 of the Act states:

Alex Watts :

(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

Alex Watts :

Therefore if you can show that there has been a contravention you can sue for loss and damage

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

Thank you for that , it part of on going issue I'm having with his school but required clarification on that point before I approach them , if I requested a copy of the emails do they have to give them to me ?

Alex Watts : Yes under the data protection act.
Alex Watts : Can I clarify anything else for you?
Customer:

Not at this moment , I'm am reviewing all information I have as now have issue re dietary requirements and school not informing me of policy chance to pack lunches. Their response was they had a meeting and sent letters home and information available on their Web site , despite having a meeting re his return to school and my explaining dietary requirements which does mean his requirements go against their healthy eating policy due to slow reintroduction of foods that previously left him in pain . at present we are building on safe foods that do not cause discomfort or blockages . Sorry mum on a rant . I will rate you later today .Thank you .

Alex Watts :

Thank you. If this does answer your question can I ask you to rate my answer before you go today please. THe button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Ok

Ash and 3 other Law Specialists are ready to help you