Privacy Notice - Special Educational Needs and Disabilities Service

For the processing to which this notice relates to be carried out we use the following information:
• personal information – such as: your name, address, telephone number
• special category personal information – such as: your ethnicity, information about your physical and mental health

We collect your information from you directly (e.g. by asking you to sign forms in relation to you and your child(ren) or when you telephone our Customer Services Contact Centre)/other agencies/government departments (e.g. the police, Department of Work and Pensions, etc.) or from your educational setting.

Your information might be used to
• provide you or your child with appropriate services
• measure whether our services are improving provision for children with Special Educational Needs and Disabilities
• help us develop and improve our services
• complete statistical returns to Government departments

Local Authorities are required to pass on some information (but not the names of individual children) to the Department for Education (DfE) who use it to help with their policy development, Local Authority performance management and funding, and to assist with the development of good practice. Health Partners are also provided with information to assist them with understanding the health needs of children living in Doncaster and this is used for the planning, commissioning and development of health services

Personal Data Activity	Legal basis - GDPR Article 6	s8 DPA	UK Legislation
Undertake a statutory Education, Health and Care needs assessment.	(1)(e) to do so is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority		Because to do so is necessary for the performance of a task carried out in the public interest, or in the exercise of the Local Authorities legal obligations, Regulation 6, Special Educational Needs and Disability Regulations 2014
Consider request for additional resources to meet a child’s/young person’s special educational needs without a statutory Educational Health Care (EHC) needs assessment	(1)(a) Because to do so explicit consent is provided to administer and deliver the service
Complete Department for Education data returns	(1)(e) to do so is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority	(c) the exercise of a function conferred on a person by an enactment or rule of law	Because to do so is necessary for the performance of a task carried out in the public interest, or in the exercise of the Local Authorities legal obligations, 2014 Children and Families Act.
Provide information to Health Partners to assist them with understanding the health needs of children living in Doncaster and this is used for the planning, commissioning and development of health services	(2)(h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services	Part 1 of schedule 1

Special Category Data Activity	Legal basis - GDPR Article 9	DPA 2018 conditions	Other considerations
Provide information to Health Partners to assist them with understanding the health needs of children living in Doncaster and this is used for the planning, commissioning and development of health services	(2)(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law	Part 1 of schedule 1

The Council collects and uses information about you on the basis that you have given us your consent to do so. You may withdraw your consent and ask us not to use information about you for providing additional resources to meet your/your child’s SEN by contacting SEN@doncaster.gov.uk

The law means that you have to give us the information we have asked for on this form. If you don’t give us this information then we will be unable to undertake an Education Health Care needs assessment, provide data to the Department for Education and perform tasks carried out in the public interest.

We sometimes need to share your information within the Council or with other organisations. We will only share your information when necessary and when the law allows us to, and we will only share the minimum information we need to. For Special Educational Needs and Disabilities matters we may need to share your information with:
• internal departments
• other local authorities (education, social care and relevant housing and employment and other services)
• the governing bodies of schools, including non-maintained special schools
• the governing bodies of further education colleges and sixth form colleges
• the proprietors of academies (including free schools, university technical colleges and studio schools)
• the management committees of pupil referral units
• independent schools and independent specialist providers approved under Section 41 of the Children and Families Act 2014
• all early years providers in the maintained, private, voluntary and independent sectors that are funded by the local authority
• the National Health Service Commissioning Board
• clinical commissioning groups (CCGs)
• NHS Trusts
• NHS Foundation Trusts
• Local Health Boards
• Youth Offending Teams and relevant youth custodial establishments
• The First-tier Tribunal (Special Educational Needs and Disability) (see v.)
• Other third-party organisations, as allowed by law
• Other partner agencies that provide services on our behalf
• agencies with whom we have a duty to co-operate, such as police

In certain cases we may also share your information with other individuals and organisations. For example, if you make a complaint to your Councillor, or if the sharing would help with a safeguarding issue, or help prevent a crime. Sometimes, we might share your information without your knowledge. The Council will never sell your information to anyone else

The council will not normally transfer information to a country or state outside the European Union or one with which the EU has an adequacy provision. However, if a service user emigrates and makes a request for a copy of their data we would normally provide that. We can make no assurance for the security of that transfer.

We will keep your information for different periods of time, depending on what we are using it for. We only keep your information for as long as we need to, after which we will either securely delete the information

Activity	Time information kept for
Undertake a statutory Education, Health and Care needs assessment.	Date of Birth + 35 years
Consider request for additional resources to meet a child’s/young person’s special educational needs without a statutory EHC needs assessment.	3 years
Complete Department for Education data returns	7 years
Provide information to Health Partners to assist them with understanding the health needs of children living in Doncaster and this is used for the planning, commissioning and development of health services	Date of Birth + 35 years

The law gives you specific rights over your information.

These rights are:
• to be informed of our use of information about you;
• of access to information about you;
• rectify information about you that is inaccurate;
• to have your information erased (the ‘right to be forgotten’);
• to restrict how we use information about you;
• to move your information to a new service provider;
• to object to how we use information about you;
• not to have decisions made about you on the basis of automated decision making;
• to object to direct marketing; and,
• to complain about anything the Council does with your information (please see the ‘Complaints’ section below).

Some of the rights listed above apply only in certain situations, and some have a limited effect. Your rights are explained further in the Individual Rights Procedure on our website, as is how to make a request under one or more of them. You can request information about yourself by making a subject access request on this page of the Council’s website.

This notice is kept under regular review to make sure it is up to date and accurate

The Council is required by law to have a DPO. The DPO has a number of duties, including:
• monitoring the Council’s compliance with data protection law;
• providing expert advice and guidance on data protection;
• acting as the point of contact for data subjects; and,
• co-operating and consulting with the Information Commissioner’s Office (see ‘Complaints’ below).

The Council’s Data Protection Officer can be contacted by email at information.governance@doncaster.gov.uk

If you are unhappy with the way in which your information has been handled you should contact the Council’s Data Protection Officer so that we can try and put things right. Alternatively, and if we have been unable to resolve your complaint, you can also refer the matter to the Information Commissioner’s Office (ICO). The ICO is the UK's independent body set up to uphold information rights, and they can investigate and adjudicate on any data protection related concerns you raise with them.

They can be contacted via the methods below:
Website:                   www.ico.org.uk

Telephone:                0303 123 1113

Post:                         Information Commissioner’s Office
                                Wycliffe House
                                Water Lane
                                Wilmslow
                                Cheshire SK9 5AF