Emma Ashfield v The Information Commissioner

Facts

The applicant complained to the Information Commissioner on 27 June 2025 about Knowl Hill School. The complaint began with an email sent to the whole parent body containing sensitive information about a named child who was not the applicant's child, and with the school's handling of the incident afterwards. The Commissioner considered that the disclosed data did not relate to the applicant or her child, but looked at her concerns about the school's response. An outcome issued on 26 August 2025: no more detailed investigation, the complaint recorded, and recommendations made to the school. The applicant supplied more information, alleging inaccurate records and an adverse narrative disseminated to councils, parents, the Department for Education and the Independent Schools Inspectorate. A review outcome followed on 13 February 2026. On 8 August 2026 she applied to the First-tier Tribunal under section 166 of the Data Protection Act 2018. Judge Harris permitted the application to proceed out of time by an order dated 26 August 2026, which did not determine its merits. The Commissioner continued work after the application and issued a further final outcome on 18 September 2026, asking the school to correct one record. The Commissioner applied to strike out the application for want of jurisdiction or, alternatively, any reasonable prospect of success. The applicant opposed.