Disclosure Log
EHCPs (FOI/5305)
Message from Nottinghamshire County Council - 24 January 2025
Dear *****
Freedom of Information Request – Ref: FOI/00005305
Thank you for your email of 24 January 2025 where you requested:
I would like to request information relating to education health and care plans.
*I would like to see a copy of the full Section F from your 10 most recently agreed EHCPs from the date this FOI was submitted
*I realise this may contain personal data of the child’s name or school, but I expect these two details to be anonymised
I can confirm that the Council holds this information. This information is exempt under section 40 (personal information) of the Freedom of Information Act 2000 (FOIA), as the information constitutes third party data. Section 40(2) provides that personal data about third parties is exempt information if one of the conditions set out in sections 40(3A) or (3B) or 4(A) is satisfied. Under the FOI Act: Section 40(3A) disclosing the information would contravene one of the data protection principles set out in article 5 of UK GDPR. Disclosure of the material would contravene Articles 5(1)(a) and 5(1)(b) of the UK GDPR as the purposes for which it was collected and subsequently processed are different to the purposes of the FOI request. Additionally the records consist largely of special category data (UK GDPR, Article 9) and there is a prohibition on processing it unless certain conditions are met (the anonymisation of the material would constitute a form of processing (anonymisation-intro-and-first-chapter.pdf, p12)).
Your privacy: we use your personal information such as name and address so that we can comply with our legal obligations to respond to FOI requests. For further details about the use of information about you, please see the information handling privacy notice on our website at https://www.nottinghamshire.gov.uk/media/4323566/informationgovernanceandinformationrightsprivacynotice.pdf.
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within 40 working days of the date of receipt of the response to your original request and should be addressed to: Complaints and Information – Team Manager, Nottinghamshire County Council, County Hall, Loughborough Road, West Bridgford, NOTTINGHAM, NG2 7QP or [email protected].
Please remember to quote the reference number above in any future communications.
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, WILMSLOW, SK9 5AF or https://ico.org.uk/make-a-complaint/foi-and-eir-complaints/.
Yours sincerely
Colin Sawers (He/Him)
Information Case Officer | Customers, Complaints and Information
Chief Executive"s Department | Nottinghamshire County Council
County Hall | Loughborough Road | West Bridgford | NOTTINGHAM | NG2 7QP
Tel: (0115) 977 3714