Who Will Own My Data Once I Submit It?
Knowsley Metropolitan Borough Council
Why Do You Need My Information?
Statutory function-Identifying and Tracing Children Missing Education and those vulnerable groups who may go missing from Education.
What Allows You to Use My Information?
The Children Act 2004 places a duty on all agencies to work together to promote the welfare of children and to share information. This principle underpins this policy and there is an expectation that all agencies will work together to ensure that children do not “slip through the net” and become missing.
Children Missing Education (CME) Relevant Legislation and Guidance
There are various statutory duties upon Local Authorities and parents (supplemented by guidance) relating to the provision of education and the safeguarding of the welfare of children and which may be relevant to children missing education. The principal provisions are as follows:
Section 14(1) of the 1996 Education Act provides that a local education authority must make sure there are sufficient schools for providing education in their area. For these purposes, the schools must be sufficient in number, character and equipment to provide all pupils with the opportunity of appropriate education (s. 14(2)). “Appropriate education” means, broadly education which is desirable in view of the pupils’ different ages, abilities and aptitudes and the different periods for which they may be expected to remain at school (s. 14(3)).
Section 7 of the 1996 Education Act provides that the parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have, either by regular attendance at school or otherwise.
Furthermore Section 437 (1) of the 1996 Education Act provides that if it appears to a local education authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they must serve a notice in writing on the parent (“a school attendance order”) requiring him to satisfy them within the period specified in the notice that the child is receiving such education.
Section 19 (1) of the 1996 Education Act requires every local education authority to make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them. For these purposes, “suitable” education is defined as “efficient education suitable to the age, ability, aptitude and to any special educational needs the child (or young person) may have.” (s. 19(6)).
Moreover, section 19(4A) of the 1996 Education Act provides:
“In determining what arrangements to make under subsection (1) in the case of any child or pupil, a local education authority shall have regard to guidance given from time to time by the Secretary of State.”
Section 175 of the Education Act 2002 (which came into force on June 1 2004) imposes a duty upon Children’s Services Authorities and governing bodies to exercise their functions with a view to safeguarding and promoting the welfare of children. For these purposes, “functions” includes the powers and duties of Children’s Services Authorities and governing bodies.
The Children Act 2004 (which received royal assent on November 15 2004) includes various provisions relating to safeguarding and promotion of welfare of children, including:
(a) a duty upon each The Knowsley Council to promote co-operation between it and various other bodies to improve the well-being of children so far as relating to (amongst other things) education and training;
(b) a duty upon various bodies (including children’s services authorities) to make arrangements for ensuring that their functions are discharged having regard to the need to safeguard and promote the welfare of children (due to take effect on 1 October 2005); and
(c) provision for the Secretary of State to put into place information databases for the purposes of arrangements under s.175 of the Education Act 2002 or (a) and (b) above, and a framework for the sharing of information contained in such databases for such purposes.
Education and Inspections Act 2006 (section 4 & 38)
- Duty to identify children not receiving education
(1) In Chapter 2 of Part 6 of EA 1996 (school attendance) before the cross-heading preceding section 437 insert—
“Children not receiving suitable education
436A Duty to make arrangements to identify children not receiving Education
(1) A local education authority must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but—
(a) Are not registered pupils at a school, and
(b) Are not receiving suitable education otherwise than at a school.
(2) In exercising their functions under this section a local education authority must have regard to any guidance given from time to time by the Secretary of State.
(3) In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.”
(2) In section 437 of EA 1996, in subsection (8) omit the definition of “suitable education”.
(3) In section 580 of EA 1996 (index) for the entry in the second column which relates to the expression “suitable education (in Chapter 2 of Part 6)” substitute “section 436A(3)”.
The relevant lawful bases for processing under the UK General Data Protection Regulation (UK GDPR) are as follows:
Article 6(1)(e), which states that processing is necessary for the performance of a public task.
Article 9(2)(g), which states that the processing of special category data is necessary for reasons of substantial public interest. This lawful basis is supported by the following lawful condition under the Data Protection Act 2018:
- Paragraph 6, statutory and government purposes.Paragraph 18, safeguarding of children and individuals at risk.
What personal information do we collect?
- Child’s Name.
- Child’s Name.
- Child’s DOB.
- Child’s education setting (e.g. school).
- Child’s SEN status.
- Child’s NHS information.
- Child’s attendance history and reasons given for absence.
- Welfare and safeguarding risks relating to the child.
- Benefits information.
- Child and Parent nationality and language(s) spoken.
- Parent/Guardian Name.
- Parent/Guadian Address.
- Parent/Guardian DOB.
- Child’s school.
- Parent/Guardian email address.
- Parent/Guardian phone number.
Who Will My Information Be Shared With?
Some of the information that you provide to Knowsley Council may be shared with the following organisations:
- Knowsley Schools.
- Early Years Provision including Sure Start.
- Admissions and Exclusions Team (including FAP).
- School Attendance Service.
- Social Care.
- CLA (Education Support Team).
- Elective Home Education (EHE).
- Housing (Yates Court Homeless Unit).
- Health (including A&E departments).
- Youth Offending Service (YOS).
- The Police.
- Voluntary organisations.
- Women’s refuges.
- Meadow Park School.
- English As An Additional Language.
- Special Educational Need and Disability Team.
- Knowsley Switchboard- Tell One tell all email system.
- Homeless Unit.
- Shield Team.
- MACSE.
- Early Help.
- Family First.
- Child Criminal Exploitation.
- Private Children’s Homes
- Government Databases including GIAP and Information about your School website.
Do I Have to Provide This Information and What Will Happen If I Don’t?
There is no option to opt out of this data processing as it is a statutory function, which means that we are required to process personal information in relation to children missing from education.
How Long Will You Keep This Data for and Why?
Personal data will be retained in line with Knowsley Council’s Records Management Policy before being securely destroyed. Please note that some of the retention requirements for personal data are based on statutory requirements or sectoral recommendations.
How Will My Information Be Stored?
Your information will be stored on Knowsley Council’s secure electronic system.
Will This Information Be Used to Take Automated Decisions About Me?
No.
Will My Data Be Transferred Abroad and Why?
No.
What Rights Do I Have When It Comes to My Data?
Under the General Data Protection Regulation, you have the following rights with regards to your personal data:
- The right to subject access – you have the right to see a copy of the personal data that the Council holds about you and find out what it is used for.
- The right to rectification – you have the right to ask the Council to correct or remove any inaccurate data that we hold about you.
- The right to erasure (right to be forgotten) you have the right to ask the Council to remove data that we hold about you.
- The right to restriction – you have the right to ask for your information to be restricted (locked down) on Council systems
- The right to data portability – you have the right to ask for your data to be transferred back to you or to a new provider at your request.
- The right to object – you have the right to ask the Council to stop using your personal data or to stop sending you marketing information, or complain about how your data is used.
- The right to prevent automated decision making – you have the right to ask the Council to stop using your data to make automated decisions about you or to stop profiling your behaviour. (where applicable)
To find out more about your rights under the UK GDPR, please visit the Information Commissioner’s website.
To request a copy of your data or ask questions about how it is used, contact:
Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 9GL
Or email: Inforights@knowsley.gov.uk
Who Can I Complain To If I Am Unhappy About How My Data Is Used?
You can complain directly to the Council’s Data Protection Team by writing to:
Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 9GL
Or via the Have Your Say website.
You also have the right to complain to the Information Commissioner’s Office using the following details: -
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.org.uk