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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14268
Experience:  Senior Associate Solicitor
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I have applied to become a BTEC approved centre, after

Customer Question

Hi I have applied to become a BTEC approved centre, after paying the fees and submitting all the relevant paper work as required I have been told I have been declined but have not been given a reason or explanation I am not happy
JA: Where are you? It matters because laws vary by location.
Customer: Uk ­čçČ­čçž
JA: What steps have you taken so far?
Customer: All the steps they required completed to a high standard.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have a a copy of the ending I can add now with there decision which I can copy and paste
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Here is the email received with the centre refusal.
Customer: replied 1 year ago.
Good afternoon,Thank you for your enquiry regarding becoming a Highfield Qualifications Centre. Unfortunately, we will not be able to take your application further.As you may be aware, our qualification regulators set out requirements that all awarding organisations must adhere to. I confirm that, on receipt of an application for centre approval, Highfield undertake a number of quality assurance checks to assure ourselves that the applying organisation has the necessary level of financial, technical and staffing resources and systems necessary to support the delivery of Highfield qualifications. We may also take into account issues it may have had with other awarding organisations or third parties. The checks we undertake are reviewed continuously to maintain high quality standards and ensure our ongoing compliance with our qualification regulators and own policies and procedures.We understand that our decision not to take your application for centre approval forward may be frustrating for you, however, we believe it is best to provide this information as early as possible in the process. As is made clear at the start of our online centre application process, Highfield reserves the right to decline any application for centre approval at its absolute discretion. I would also like to add that we are unable to give more specific feedback on the reasons for our decision not to move forward with your application.Highfield is unable to refund the application fee on account of the significant amount of time that numerous members of the Highfield team have taken in order to arrive at the decision that your application did not meet our requirements. As you will be aware, it is made very clear in our online centre application process that a refund will not be given in the event that you proceed with the application and it is duly declined.Thank you for your interest in Highfield and we wish you and your company all the best for the future.Yours sincerelyEllieEllie Cowin
Account Manager
Highfield Qualifications
Tel: 01302 363 277
Expert:  JimLawyer replied 1 year ago.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

You can ask for all notes and date they hold on your behalf (similar to asking for interview notes) under the new data protection law - you now need to write the centre and ask for all data to be disclosed to you under GDPR.

If they refuse then this is in breach of the General Data Protection Regulations (GDPR). Note that this is EU law but it still applies in the UK until the end of December this year (during the Brexit transition period). A revision of the law (“UK GDPR”) will come in to effect in January 2021 but for the present purposes, it applies as normal in the UK.

GDPR protects data subjects and if you do not consent, anyone who hands out your data can be held in breach of GDPR. What this means is that the Information Commissioner's Office (the "ICO") can fine companies heavily if they find there has been a breach. The fines are either up to £17m or 4% of company turnover, whichever is greater. As such, I would recommend that you inform the ICO on 0303(###) ###-#### They will take your details and if they feel there has been a data breach will contact the company and possibly fine them. A lot of companies do not realise the extent of the fines and it is envisaged a lot of businesses will go bust in the event of a breach, not just because of the fines but because the aggrieved party can also claim compensation.

If the ICO tells you there has been a GDPR breach then it makes it much easier to claim compensation (under Article 77 of GDPR) - the amount of which varies and depends on the severity of the breach and the impact it has had upon the aggrieved party. The new data protection law is very new so unfortunately not many cases have been tried in court, so there is not a precedent for compensation levels (yet). As a very rough guide you would be looking at anything between £1,000 and £5,000 (the latter being for a serious breach which has adversely affected you).

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 1 year ago.
Hi Jim thank you for your response. I have no trouble at all in giving you a start rating. I have some further questions I would like to ask. I have spoken with the awarding body today and have been told that while making the application Process it states in there that they do not have to give any feedback or explanation of refusal for a centre application To be refused. Am I still in my legal rights to appeal against this as you have stated above in your response to me under GPDR?
Expert:  JimLawyer replied 1 year ago.

They can say that but GDPR is now statute - if they try to exclude the law from their terms, this is automatically an unfair term - the ICO would take an interest in this I have no doubt!

Customer: replied 1 year ago.
Hi Jim sorry to bother you again I have spoken with the ico on the number you provided and they have stated that if the governing body has refused the application regarding my company that Is not a breach of GDPR but if it had Being refused to any of my staff who was mentioned in the application process then it could be a GDP our problem works this be correct
Expert:  JimLawyer replied 1 year ago.

Thanks, ***** ***** ICO says no breach then there isn't a lot you can do but I will defer to another expert to offer you their thoughts on the matter.

I will therefore opt out to let another expert assist you with your question going forwards. Please do not reply to this message as the question will stay with me and there will be a delay with the reallocation.

Many thanks.