Privacy Notice - Education Service


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

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