Having failed to provide full-time education for a SEN child, with Autism and learning difficulties, since February 2020 East Riding of Yorkshire Council (ERYC) has compounded the breach of their Statutory Duty by additional Data and Safeguarding breaches.

On Thursday 3 June 2021 Phoebe register a complaint against ERYC stating:

“My son (REDACTED) has not been in full-time education since February 2020 despite having an EHCP“

Over a month later on Thursday 8 July ERYC then attempted to secure a Consent Form in breach of legislation. Why was a complaint about such a fundamental and damaging failure ignored for over a month?

Interesting Timeline

• At 07.57 on Monday 5 July I exposed ERYC Process Data Without Informed Consent
• ERYC responded at 16.20 on Monday 5 July to confirm Informed Consent Data Fail – Investigation Begins
• At 12.52 on Thursday 8 July ERYC sent ERYC Customer Relations Team – Consent Form to Phoebe

Is it just me!

Email Evidence

The Court of Public Opinion (CPO) can clearly see that ERYC is attempting to avoid admitting that the proposed external investigating officer, “Tim” is not an ERYC employee and thus he must:

• Be a registered Data Controller
• Have a Data Retention Policy
• Have a Service Level Agreement with ERYC

The CPO can observe that based on the evasive nature of ERYC, Tim fails on all three counts. In such situations, ERYC also fails when they then unlawfully pass Data to Tim.

NB: ERYC must always be mindful that ICO state: 

“…people must be able to refuse consent without detriment”

There is clearly a detriment to Phoebe and her son. No one should ever be “misled” into having their Data processed unlawfully.

Industrial Scale Data Breach

As ERYC admit that Tim took up his role with it in 2012 the alarm bells should be ringing loudly across East Riding:

1. How many documents have ERYC unlawful given to Tim?
2. How many documents have ERYC unlawfully passed to other “external investigating officers”?
3. What danger have children, especially those who are SEN or SEND, being put in by ERYC unlawfully passing documents to Tim and other “external investigating officers”?

ERYC MUST INVESTIGATE THESE CONCERNS IMMEDIATELY

Complaint Closed

The reason why the complaint by Phoebe was unaddressed for over a month is that it was closed on June 7!

How many other complaints have ERYC unlawfully closed?

This is shocking.

ERYC MUST INVESTIGATE THESE CONCERNS IMMEDIATELY

In Conclusion 

ERYC must:

1. Fulfill their duty and ensure that not just Phoebe’s son but all East Riding children are in full-time education.
2. Investigate the complaint made by Phoebe without further delay.