--- title: "SEND Information Rights: SAR and FOI Guide" description: Learn how SEND information rights, SARs, FOI requests and school records can help families understand decisions and gather evidence. image: https://www.navigatesend.com/hubfs/9.%20send_information_rights_blog_post.png --- [Skip to content](https://www.navigatesend.com/send-blog/send-information-rights-sar-foi-school-records#main-content) [![Navigate SEND](https://www.navigatesend.com/hubfs/NavigateSEND-logo-CROPPED-header-800w-transparent.png)](https://www.navigatesend.com/) - [Home](https://www.navigatesend.com/) - [Services](https://www.navigatesend.com/services) - [Find the Right Service](https://www.navigatesend.com/your-pathway) - [For Families](https://www.navigatesend.com/navigate-for-families) - [For Case Managers](https://www.navigatesend.com/navigate-for-case-managers) - [For Schools](https://www.navigatesend.com/for-schools) - [For Financial Deputies](https://www.navigatesend.com/funding-support-for-financial-deputies) - [For Solicitors and Legal Teams](https://www.navigatesend.com/expert-witness) - [Resources](https://www.navigatesend.com/navigate-send-resources) - [What is SEND?](https://www.navigatesend.com/what-is-send) - [SEND Screener](https://www.navigatesend.com/send-screener) - [SEND Checklists](https://www.navigatesend.com/navigate-send-checklists) - [SEND Research & Innovation](https://www.navigatesend.com/research) - [SEND Guidance](https://www.navigatesend.com/send-blog) - [About Us](https://www.navigatesend.com/about-us) - [Where We Work](https://www.navigatesend.com/where-we-work) - [Fees](https://www.navigatesend.com/navigate-send-prices) - [Contact](https://www.navigatesend.com/contact-us) [Book a free 15 min consultation](https://www.navigatesend.com/contact-us) Search the Navigate SEND website Search the Navigate SEND website - [Home](https://www.navigatesend.com/) - [Services](https://www.navigatesend.com/services) - [Find the Right Service](https://www.navigatesend.com/your-pathway) - [For Families](https://www.navigatesend.com/navigate-for-families) - [For Case Managers](https://www.navigatesend.com/navigate-for-case-managers) - [For Schools](https://www.navigatesend.com/for-schools) - [For Financial Deputies](https://www.navigatesend.com/funding-support-for-financial-deputies) - [For Solicitors and Legal Teams](https://www.navigatesend.com/expert-witness) - [Resources](https://www.navigatesend.com/navigate-send-resources) - [What is SEND?](https://www.navigatesend.com/what-is-send) - [SEND Screener](https://www.navigatesend.com/send-screener) - [SEND Checklists](https://www.navigatesend.com/navigate-send-checklists) - [SEND Research & Innovation](https://www.navigatesend.com/research) - [SEND Guidance](https://www.navigatesend.com/send-blog) - [About Us](https://www.navigatesend.com/about-us) - [Where We Work](https://www.navigatesend.com/where-we-work) - [Fees](https://www.navigatesend.com/navigate-send-prices) - [Contact](https://www.navigatesend.com/contact-us) [Book a free 15 min consultation](https://www.navigatesend.com/contact-us) ![A parent reviewing SEND records, school emails and local authority decision notes after making a subject access request.](https://www.navigatesend.com/hs-fs/hubfs/9.%20send_information_rights_blog_post.png?width=1024&height=1535&name=9.%20send_information_rights_blog_post.png) # How SEND information rights help families understand decisions ![Matt Bell](https://www.navigatesend.com/hs-fs/hubfs/Matt_Bell_1000x1000.jpg?width=48&height=48&name=Matt_Bell_1000x1000.jpg) Matt Bell 5 November 2026 ##### SEND information rights can be powerful when families are trying to understand what has happened in a child or young person’s education. A subject access request, school records request or Freedom of Information request can reveal what evidence was considered, who was involved, what was recorded, and whether decisions were properly supported. ##### This guide explains the point of information rights, what families can ask for, when different routes apply, and how Navigate SEND helps families use information to support EHCP work, complaints, mediation, Tribunal preparation or wider SEND strategy. ### The short answer SEND information rights help families obtain recorded information about education, SEND support, assessments, provision, decisions and policies. A subject access request is used for personal data about a child, young person or parent. A school records request is a quicker route for a pupil’s educational record in certain schools. A Freedom of Information request is used for non-personal recorded information held by public authorities, such as policies, criteria, panel terms of reference or anonymised decision data. These rights do not guarantee every document will be disclosed, and they are not a substitute for an EHCP appeal or complaint. But they can provide crucial evidence, and sometimes the absence of records is just as important as the records themselves. ### Why information rights matter in SEND Families often experience SEND decision-making as opaque. They may be told that a child does not meet threshold, that a school can meet need, that a plan does not need amending, or that a placement is unsuitable, without seeing the records that explain how that view was reached. Information rights can help change that. They allow families to move from “we were told” to “the records show”. That can be important where a child is not progressing, [provision is not being delivered](https://www.navigatesend.com/provision-not-being-delivered), professional recommendations appear to have been ignored, or a local authority decision does not match the evidence. For example, a subject access request may reveal internal emails about an EHCP panel, missing professional advice, records of provision that was supposed to happen, or notes showing that a decision was influenced by a local policy rather than the individual child’s needs. A school records request may reveal SEN Support plans, attendance concerns, behaviour logs, exclusion records, assessment results or annual review records. An FOI request may reveal the local authority’s criteria, panel membership, published policies or anonymised statistics. In a pressured SEND system, records matter. If a decision has been made properly, there should usually be a clear audit trail. If there is no record, or the records are inconsistent, that may help families understand what has gone wrong. ### Subject access, education records and FOI: what is the difference? The three most common information routes are often confused. | **Request type** | **Use it for** | **Who to ask** | **Typical timescale** | | --- | --- | --- | --- | | Subject access request (SAR) | Personal data about the child, young person or parent. | School, academy trust, local authority, college, NHS body, social care provider or other organisation holding the data. | Usually one month; complex requests can be extended. | | Education record request | The pupil’s educational record, including academic progress and some school-held SEND information. | Maintained school or relevant special school in England. | 15 school days. | | Freedom of Information request | Non-personal recorded information such as policies, criteria, anonymised data or panel terms. | Public authority, including local authorities, maintained schools, academies, colleges and NHS bodies. | Usually 20 working days. Schools have a special FOI time rule. | A subject access request is about personal data. It is not limited to formal reports. It can include emails, notes, internal records and electronic information where the child, young person or parent is identifiable. (ico.org.uk) The current route is the UK GDPR and Data Protection Act 2018, not the old Data Protection Act 1998. A request for the educational record is a separate right. In England, it applies to local authority maintained schools and special schools, including non-maintained special schools. (legislation.gov.uk) It does not apply in the same way to academies, free schools or independent schools, where a SAR is usually the main route. (ico.org.uk) A Freedom of Information request is different again. It is for non-personal recorded information held by public authorities. It is useful when the family wants the rules, policies or anonymised decision-making framework, rather than their own child’s data. ### What can families ask for? Families can ask for a wide range of recorded information, but the request should be focused enough to be useful. A SAR to a school or academy trust might ask for records mentioning the child’s SEND support, attendance, exclusions, behaviour, risk assessments, SEN Support plans, annual review contributions, internal emails, safeguarding chronology entries that can be disclosed, reasonable adjustment records and communication with the local authority. A SAR to a local authority might ask for records relating to EHC needs assessment, refusal to assess, refusal to issue, annual review, amendment, placement consultation, panel consideration, transport, alternative provision or social care involvement. It may also ask for the names or roles of officers involved in a decision, where that information is personal data connected to the requester’s case. A SAR to health or social care may help identify referral dates, professional advice, therapy notes, continuing care decisions, social care assessment records, direct payment decisions, or internal communications about whether provision should be included in an EHCP. An FOI request can be used for non-personal information such as local EHCP panel terms of reference, threshold guidance, decision-making criteria, numbers of refusals to assess, high needs funding policies, transport policies, complaints statistics, annual review backlog data, or template documents used by the local authority. The best request usually explains the date range, the subject and the records sought. For example: “Please provide all personal data held by the local authority relating to the decision not to amend my child’s EHCP following the annual review on \[date\], including panel notes, internal emails, case notes, professional advice and communications with the school.” ### What information rights cannot do Information rights are useful, but they have limits. A SAR gives access to personal data, not a guaranteed right to every document in its original form. Organisations may redact third-party information, withhold legally privileged material, restrict information where disclosure could cause serious harm, or refuse requests that are manifestly unfounded or excessive. (gov.uk) An FOI request is not the right route for a child’s personal data. If the information requested is the requester’s own personal data, the public authority should normally handle it as a SAR rather than disclose it under FOI. (ico.org.uk) FOI can also be refused where the cost limit is exceeded, where exemptions apply, or where a request is vexatious. An education record request is narrower than a SAR. It is quicker, but it does not necessarily capture everything a school holds. Some personal data may sit outside the educational record, such as emails, safeguarding records, teacher-only notes or information from another parent. Information rights also do not themselves change an EHCP, secure missed provision, overturn a refusal to assess, or order a school to make adjustments. They are evidence tools. The next step may still be annual review, complaint, mediation, Tribunal, LGSCO, pre-action correspondence or another route. ### How information requests help complaints, appeals and reviews Information requests are often most useful when linked to a clear purpose. Before an [annual review](https://www.navigatesend.com/send-blog/ehcp-annual-review-timelines), records can show what support has been tried, whether outcomes have been reviewed and whether the plan is still accurate. Before mediation or Tribunal, records can show whether the local authority had evidence but did not use it, whether a panel considered the correct test, or whether professional recommendations were [missing from the final plan](https://www.navigatesend.com/send-blog/ehcp-duty-to-specify-section-f). For complaints, records can show delay, poor communication, failure to follow process, failure to arrange provision or failure to consider [section 19 education](https://www.navigatesend.com/send-blog/childrens-right-to-education-in-england-navigate-send) where a child is out of school. The Local Government and Social Care Ombudsman often looks at whether a council followed the correct process and whether there is evidence of fault causing injustice. (lgo.org.uk) For judicial review or pre-action correspondence, information may help identify whether a public body failed to act, applied the wrong policy, delayed a decision, failed to secure provision, or made a decision without relevant evidence. Equally, a lack of information can be telling. If there are no panel notes, no record of professional advice being considered, no annual review decision letter or no evidence of how provision was monitored, that absence may support the argument that the process was not robust. ### What if the response is late, incomplete or over-redacted? If a SAR is late, incomplete or heavily redacted, families should first write back to the organisation and explain what is missing. It helps to be specific: name the missing date range, document type or issue. If the problem is not resolved, a complaint can be made to the Information Commissioner’s Office for data protection or FOI issues. Complaints about access to educational records under the Pupil Information Regulations are not regulated by the ICO in the same way, so families may need to use the school complaint route or escalate appropriately. Families should also avoid sending very broad requests unless necessary. A request for “everything ever held about my child” may be legitimate, but it can produce hundreds of pages of redacted material and may slow the process. A focused request linked to a decision is often more useful. ### How Navigate SEND supports information rights in SEND Navigate SEND helps families use information rights strategically, not as a fishing expedition. We can help identify which route is most useful, whether that is a SAR, school records request or FOI request. We can help draft focused requests, identify which organisations hold relevant information, review disclosure once it arrives, and connect the records to [EHCP amendments](https://www.navigatesend.com/send-blog/amending-the-ehc-plan), annual review, complaints, [mediation](https://www.navigatesend.com/send-blog/challenging-send-decisions-mediation-and-appeals), [Tribunal preparation](https://www.navigatesend.com/send-blog/send-tribunal-procedures-ehcp-appeal) or wider SEND strategy. We can also help families make sense of what is missing. Sometimes the most important finding is that a decision appears to have been made without adequate professional advice, without a clear written record, or without considering evidence the family had already provided. The aim is not to create more paperwork for its own sake. The aim is to help families understand what happened, what should have happened, and what needs to be done next. For families juggling more than one SEND issue at once, this can extend into [ongoing strategic advisory support](https://www.navigatesend.com/ongoing-send-strategic-advisory).   ## Questions families often ask ###### **Should I make a subject access request or an FOI request?** Use a subject access request for personal data about the child, young person or parent. Use FOI for non-personal recorded information such as policies, criteria, templates or anonymised statistics. ###### **Can I ask for my child’s school records?** Yes, in certain schools. In England, parents with parental authority can request the educational record from maintained schools and relevant special schools. For academies, free schools and independent schools, a SAR is usually the better route. ###### **Can I ask for internal emails about an EHCP decision?** Yes, if those emails contain personal data about the child, young person or parent. Some information may be redacted or withheld, but internal emails can be an important part of a SAR. ###### **What if the school or council refuses to send everything?** Ask for the reasons in writing and identify what you believe is missing. If the issue is data protection or FOI, you may be able to complain to the ICO after first raising the problem with the organisation. ###### **Can Navigate SEND help with information requests?** Yes. Navigate SEND can help draft focused requests, review the disclosure, identify gaps, and link the evidence to the right SEND route.   ### Next step If you need records to understand a SEND decision, prepare for annual review, challenge an EHCP decision or evidence missed provision, Navigate SEND can help you make the request clearly and use the response strategically. [Book a free 15-minute consultation](https://www.navigatesend.com/contact-us) ## Share this post [mailto:https%3A%2F%2Fwww.navigatesend.com%2Fsend-blog%2Fsend-information-rights-sar-foi-school-records](mailto:https%3A%2F%2Fwww.navigatesend.com%2Fsend-blog%2Fsend-information-rights-sar-foi-school-records) ## Keep reading ### [![A parent and young child reviewing early years SEND support, health and care advice, and an EHCP transition plan for nursery or school.](https://www.navigatesend.com/hs-fs/hubfs/10.%20send_eyfs_ehcp_babies_blog_post.png?width=1122&height=1402&name=10.%20send_eyfs_ehcp_babies_blog_post.png) EYFS and EHCPs for Babies and Young Children](https://www.navigatesend.com/send-blog/eyfs-ehcps-babies-young-children) ### [![A parent reviewing SEND complaint paperwork, EHCP provision notes and a pre-action protocol timeline.](https://www.navigatesend.com/hs-fs/hubfs/8.%20send_complaints_lgsco_judicial_review_blog_post.png?width=1448&height=1086&name=8.%20send_complaints_lgsco_judicial_review_blog_post.png) SEND Complaints and Judicial Review Guide](https://www.navigatesend.com/send-blog/send-complaints-judicial-review) ![Navigate SEND Compass](https://www.navigatesend.com/hs-fs/hubfs/NavigateSEND-compass-icon-512x512-transparent.png?width=75&height=75&name=NavigateSEND-compass-icon-512x512-transparent.png "Navigate SEND Compass") Company - [About Us](https://www.navigatesend.com/about-us) - [Services](https://www.navigatesend.com/services) - [Resources](https://www.navigatesend.com/navigate-send-resources) - [Contact](https://www.navigatesend.com/contact-us) Who We Help - [For Families](https://www.navigatesend.com/navigate-for-families) - [For Schools](https://www.navigatesend.com/for-schools) - [For Case Managers](https://www.navigatesend.com/navigate-for-case-managers) - [For Financial Deputies](https://www.navigatesend.com/funding-support-for-financial-deputies) Cookie Settings · [Privacy Policy](https://www.navigatesend.com/privacy-policy) · [Legal](https://www.navigatesend.com/legal) · © 2026. 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