SEN complaints & requests for assistance

Summary

A request was made for statistics on SEN complaints and assistance requests from parents over the past five years, but the Department of Education refused to provide the information.

Key Facts

• The Department of Education, Sport and Culture refused the request under section 11(3)(b) of the Act.
• The requested information is not held centrally by the Department.
• Answering the request would require substantial compilation of records from 32 Primary schools, 5 Secondary schools, and UCM.
• The requester was informed of their right to an internal review by Mr Andrew Shipley.
• Further appeals can be made to the Information Commissioner if the internal review is unsatisfactory.

Data Disclosed

• 5 years
• 32 Primary schools
• 5 Secondary schools
• 2017-08-16
• 2017-08-30
• 29 August 2017
• IM99319I

Exemptions Cited

• Section 11(3)(b) of the Act (practical refusal reason due to substantial compilation or collation)

Data Tables (1)

Full Response Text

29 August 2017

Re: Freedom of Information Request – Reference Number IM99319I

Your Request:-

In the past 5 years, how many complaints or requests for further help/ action have been made by parents/guardians regarding their children not receiving adequate support for their special education needs from the DEC/schools? This should include meetings with headteachers, emails and other contact made with DEC staff and management. I am aware of parents who feel their children with SEN are not receiving adequate support at school and those who have left school having not received the support they needed.

Department Response:-

Whilst our aim is to provide information whenever possible, we are unable to provide the requested information and are refusing your request on the grounds that a practical refusal reason applies under section 11(3)(b) of the Act.

This is because to answer your request would require us to do something which we are not required to do, in that the Department of Education and Children would need to seek and undertake substantial compilation or collation of the requested information held in the records of all 32 Primary schools, 5 Secondary schools and UCM over the 5 year period. The information you have requested is not held centrally by the Department and any information that is held is recorded in individual case records which would require similar collation and analysis.

If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a Review/Complaint form and submitting it electronically or by delivery/post to:

Mr Andrew Shipley, Legal and Administration Manager, Hamilton House, Peel Road, Douglas, Isle of Man, IM1 5EZ.

An electronic version of our Review/Complaint form can be found by going to https://www.gov.im/about-the-government/freedom-of-information/

Your Review/Complaint request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been conducted.

Department of Education and Children

Rheynn Ynsee as Paitchyn

Appeal Process

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on;

1

Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or 2

Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your rights to review is on the Information Commissioner’s website at https://www.inforights.im/contact-us/

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about Freedom of Information requests can be found at www.gov.im/foi