Local council ignoring SAR

[SENDad]

Hello All

 

I have disabled 5 year old twins and we are taking the council to the sen tribunal for which we are trying to gather evidence for it.

 

I have submitted a SAR to the council using its own form. Within a day or two they replied essentially to say all is good and they will forward my request to the relevant departments (Childrens Services). I deliberately did not tick any of the other departments to keep their work to a minimum.

 

We're now around 6 weeks in and I've heard nothing further. I followed up with an email about a week ago and that did not get a reply.

 

So can I apply to the Small Claims court in the usual way starting with a Letter Before Action? And what should I seek as a remedy? I'm not interested in cash (ok a little might be nice) but mainly want disclosure of documents that I know they must have relating to correspondence they have had with schools and potentially internally.

 

As we want the documents to use in another court case against them (the SEN Tribunal) does this mean they don't need to supply them as by doing so could harm their case? I'm not sure if that is right or not.

 

Any thoughts on how I should proceed gratefully received.

 

P.S. I have started a complaint with the ICO and been led to believe it would take at least 3 months. So thinking a small claim might prompt them into action before then.

[dx100uk]

An SAR is a legal request and must be complied with within 30 days 

 

There are numerous SAR failure cases here,

 

send your letter of claim giving 14 days, then without fail start your mcol claim on days 15.  Send the loc to the council legal dept 

 

Dx

[SENDad]

Many thanks for that!

 

Do I just make up a nominal sum to sue for in the hope it will wake up the council to do what is requested? The information requested could easily have a big effect on my 5 year old's health and education but difficult to prove.

[stu007]

Hi

 

Also remember to make a complaint to the information Commissioners Office (ICO) about there failure to comply with your SAR Request. (note this does not stop you taking legal action)

 

Can the right of access be enforced?

ICO.ORG.UK

 

[dx100uk]

5 hours ago, SENDad said:

P.S. I have started a complaint with the ICO and been led to believe it would take at least 3 months. So thinking a small claim might prompt them into action before then.