Freedom of information and subject access

Two ways to get information out of a school or council. They are not the same request.

What it is

A subject access request asks for the personal data an organisation holds about YOU or your child. A freedom of information request asks a public body for recorded information generally — policies, spending, statistics.

Where it applies

Anyone. Both are free in most cases, and both have statutory deadlines: one month for a subject access request, twenty working days for FOI.

How it works

A subject access request covers the child's records — emails about them, notes, assessments, safeguarding records subject to exemptions. Parents usually make it on behalf of a younger child; an older child may make it themselves.

Exemptions exist, including for information that would cause serious harm or that identifies a third party, and material can be redacted rather than withheld entirely. The underlying law is UK GDPR.

What you can ask for

Make it in writing and say clearly which kind of request it is. Calling a subject access request an FOI request confuses the deadline and the exemptions.

Be specific about date ranges and what you want, which speeds it up.

If a response is late or incomplete, complain to the organisation first and then to the ICO.

Where to get help

The ICO's guidance for the public, which is clear and free. SENDIASS for free local advice, IPSEA and Contact nationally.