This privacy notice tells you about what information we collect about you, how we use that information and who we share it with.
Who we are and what we do
The Education Service consists of the following areas of work:
- education grants and funding
- education welfare
- pre-school and early years
- Education Psychology and Autism Spectrum
- special educational needs
- school admissions
- support for Elective Home Education
The teams provide support to children, young people and their families in schools/academies and parents who have chosen to home educate their children.
For the purposes of Data Protection, Cornwall Council is the Data Controller for your information under Registration Number Z1745294.
What type of information is collected about you or your children
This information may be collected directly from you or from other agencies e.g. schools or Children’s Social Care.
- name and date of birth
- address where the child/young person ordinarily lives
- sibling links
- parent name and contact details (telephone numbers and e mail address)
- parents name and date of birth (where applicable)
- information from current or previous school
- attainment
- attendance
- Special Educational Needs (SEN)
- Behaviour
- exclusions
- medical information
- who your information may be shared with (internally and externally) when we need your consent for this. Information may also be shared on a lawful basis other than consent
- information relating to episodes of being a child in need (such as referral information, assessment information, Section 47 information, Initial Child Protection information and Child Protection Plan information)
- episodes of being looked after (such as important dates, information on placements)
- photographic evidence of learning from parent(s)/carers who choose to electively home educate
What is our lawful basis to obtain and use your personal information?
The lawful bases for us processing personal data are set out in Article 6 of the UK GDPR. They are:
Art 6(1)(a) Consent: the individual has given clear consent for us to process their personal data for a specific purpose e.g. admission of their child into school.
Art 6(1)(c) Legal obligation: the processing is necessary for us to comply with the law e.g. locating children that go missing from education.
Art 6(1)(d) Vital interests: the processing may be necessary to protect someone's life.
Art 6(1)(e) Public task: the processing is necessary for us to perform a task for our official functions, and the task or function has a clear basis in law
Under Article 9 we process data in line with:
- Explicit consent Article 9(2)(a) UK GDPR
- For reasons of substantial public interest (with a basis in law) when we are processing ethnicity information for equality monitoring purposes or to complete data returns Art 9(2)(g) UK GDPR e.g. DfE census
- Health and Social Care - we use it for the provision of health or social care or treatment or the management of health or social care systems and services Art 9(2)(h) UK GDPR. e.g. when we participate in social care meetings with regards to families
Legislation which sets out many of the tasks the council is required to undertake in relation to education can include (not exhaustive):
- Education Act 1996 (particularly Section 2)
- Education Act 2011 (particularly Section 74)
- Special Educational Needs Code of Practice 0-25 years 2015
- School Premises (England) Regulations 2012
- School Standards and Framework Act 1998
- The Special Educational Needs and Disability Regulations 2014
- The Special Educational Needs and Disability (Amendment) Regulations 2015
- Children & Families Act 2014
- Children Act 2004
- Children Act 1989
Why we need your information and how we use it
Personal data is received, stored and processed in order for the Education Service to;
- meet its aim to provide appropriate and effective support to children and young people in the areas highlighted above. This advice and support will be available from the point the service is contacted until the issue in question is addressed. Support and advice will be dependent upon each individual need and the team contacted.
- monitor and analyse the service provided for individual children and young people
- help us develop and improve our services
- complete statistical returns to national organizations for example: DfE
Who your information may be shared with
Sometimes, we might need to ask another team or organisation to help you. To do this, we might need to give the organisation information about you.
We share information with:
Internal departments
- Children with disabilities team
- Higher Incidents Needs Team (HINT)
- Lower Incidents Needs Team (LINT)
- Early Help
- Educational psychology
- Early years assessment and intervention team (EYAIT)
- Looked after children's team (REALAC)
- Ethnic Minority and Traveller Achievement Service (EMTAS)
- Social care
- Legal department
External
- other local authorities
- benefits and housing
- your child's school/academy staff
- other schools/academies
- for post 16 transition-staff at your child's further education college, sixth form college and university
- Child and Mental Health Services (CAMHS)/Child and Young Peoples Services (CPYS)the First-tier Tribunal (SEN and disability)
- 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
Whenever we let people outside of the Council see your information, we give them instructions about what they can do with it. We also ask them to show us that they will look after the information properly.
How do we keep your information secure?
The security of your personal information is important to us. The records we keep about you are secure and are confidential within the Council. The Council have a range of procedures, polices and systems to ensure that access to your records are controlled appropriately. Anyone who receives information from us is also under a legal duty to only use the information for the purposes agreed and keep the information secure and confidential.
Further information is available in the Council’s corporate privacy notice.
How long will we keep your information
Personal data will not be retained for longer than necessary in relation to the purposes for which they were collected. For those with Special Educational Needs and/or disabilities, data will be retained for 25 years after the case is closed.
Documentation containing personal data is then archived.
|
Business area |
Client specific |
Retention period (case closure) |
|
Educational support |
Alternative education provision |
25th birthday of the person we are working with |
|
|
Health and welfare at school |
|
|
|
Pupil development and support |
|
|
|
School transport |
|
|
Educational support |
Alternative education provision |
6 years from date records created |
|
|
Pupil development and support |
|
|
|
Higher education |
|
|
Schools |
School admissions (appeals) |
2 years from date records created |
|
|
School admissions (primary and secondary) |
1 year from date records created |
|
Educational support |
School transport |
|
Marketing and e-newsletters
Please see the Council’s Stay in Touch privacy notice.
Business intelligence, profiling and automated-decision making
Please see the relevant section of our Corporate privacy notice.
Protecting your information
Please see the relevant section of our Corporate privacy notice.
Your information choice and rights
Please see the relevant section of our Corporate privacy notice.
Further information
Our Data Protection Officer (DPO) provides help and guidance to make sure we apply the best standards to protecting your personal information. If something goes wrong with your personal information, or you have questions about how we process your data, please contact our Data Protection Officer at dpo@cornwall.gov.uk.
If we have not been able to deal with your query, you can also contact the Information Commissioner's Office:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
0303 123 1113
www.ico.org.uk