Letter: subject access request

Send this when you want to see the records the Local Authority or school holds about your child, for example to understand a decision, prepare for an appeal, or check what was considered. This is called a subject access request.

Under UK data protection law the organisation must respond without undue delay and within 1 month. It can extend by up to 2 further months if the request is complex, but it must tell you. It is usually free. As a parent you can normally make this request on behalf of a younger child; for an older child or young person the organisation may need to consider the child’s own wishes. Be specific about what you want, so the response is useful. This applies across the UK, as data protection law is UK-wide.

Here is the template.

To: [LA DATA PROTECTION OFFICER / “Data Protection Team”] (or the school’s data protection contact). Date: [DATE]. Dear [NAME OR “Data Protection Team”].

Subject access request for the records of [CHILD’S NAME]. Child’s name: [CHILD’S FULL NAME]. Date of birth: [DD/MM/YYYY]. Address: [CHILD’S ADDRESS]. Your reference (if any): [REFERENCE NUMBER].

I am making a subject access request under the UK GDPR and the Data Protection Act 2018 for the personal data you hold about my child, [CHILD’S NAME]. I am [his / her / their] parent and I make this request on [his / her / their] behalf.

Please send me copies of all personal data you hold about [CHILD’S NAME], including but not limited to: the EHC needs assessment file and all professional advice and reports; all versions of the EHC plan, including drafts; file notes, panel notes and records of decisions about assessment, the plan and provision; emails and correspondence about [CHILD’S NAME], internal and external; and any records held about [him / her / them] for the period [START DATE] to today. [ADD OR REMOVE ITEMS TO FIT YOUR NEEDS.]

Please confirm receipt and respond within one month, as required by law. If you need to verify my identity, please tell me quickly what you need so there is no delay. I would prefer to receive the information [electronically by email / on a USB drive / as paper copies]. Yours faithfully, [YOUR FULL NAME], parent of [CHILD’S NAME]. Contact: [PHONE] / [EMAIL].