Access to pupil records

The Pupils' Educational Records (Scotland) Regulations 2003 give parents a specific right of access to their child's educational records. The regulations also provide for certain exemptions from these requirements and require that pupil records are kept for 5 years after the pupil has left school.

Who can get access?

The regulations use the same definition of "parent" as the Education (Scotland) Act 1980. The definition is broad and includes a guardian, those who are liable to maintain or with parental responsibilities, and persons who have care of the child or young people, such as another relative or foster parent. Parental responsibilities are defined in the Children (Scotland) Act 1995. In certain circumstances, such as situations involving domestic violence, the Council will need to ensure that allowing access to the record does not involve putting any other person at risk.

What are educational records?

Educational record means any record of information which:

(a) are processed by or on behalf of Stirling Council Schools, Learning and Education,
(b) relate to any person who is or has been a pupil at the school,
(c) relate to the school education of that person, and
(d) originated from or was supplied by any of the persons below

other than information which is kept and intended to be kept by a teacher or by an employee of Stirling Council solely for their own use.

The persons referred to at (d) are:

(a) teacher
(b) any other employee of Stirling Council
(c) the pupil to whom the information relates or
(d) a parent of that pupil.

Pupils in Stirling

The Council's policy is to assist parents to get access to their child's educational records as determined by The Pupils' Educational Records (Scotland) Regulations 2003 which came into force on 5 January 2004.

Access will only be granted to educational records and not to any information relating to the physical or mental health of the pupil, sensitive personal data as defined in section 2 of Data Protection Act 2018 (that is information disclosed to teacher in confidence regarding health or sexual life) or a reference given or to be given in connection with education, training or employment.

On an annual basis, schools request that parents and carers update the information that they hold for administrative purposes. It is important that this information contains up to date details as the school may use it in the event of an emergency. This information is also used to submit secondary school pupils for SQA examinations. 

Charging for access

The regulations allow authorities to charge a fee for providing access to records. However, it is our policy not to charge for access to pupil records.

For more information visit Parentzone Scotland.

Last updated: Friday, April 16, 2021 2:34 PM