Special Educational Needs and Disabilities privacy notice

Who will own my data once I submit it?

Knowsley Metropolitan Borough Council (KMBC)

Why do you need my information?

Knowsley Special Educational Needs and/or Disabilities (SEND) Service is responsible for carrying out a wide range of provisions and duties under the Children and Families Act 2014.

We use information about children, young people and their families to meet our legal obligations and responsibilities outlined in the Children & Families Act 2014. We hold the information securely and use it to:

• identify or clarify the child or young person’s SEND needs
• identify the support they require which will help them to achieve their outcomes
• make decisions about whether to conduct a statutory needs assessment or issue an Education, Health and Care (EHC) Plan
• make decisions about the content of an EHC Plan including outcomes, placement and provision
• support the ongoing monitoring of the provision specified in an EHC Plan where one is issued
• inform EHC Plan annual review and monitor your child’s progress
• support disagreement resolution or mediation processes and processes relating to appeals to the Special Educational Need and Disability Tribunal (SENDT)
• help to resolve any disagreements
• enable coordinated working with other teams and organisations
• evaluate and quality assure the services we provide
• analyse service provision and effectiveness, and model patterns of service involvement to support future service delivery planning
• inform future commissioned services and educational placements requirements

What Personal Information do we collect?

For Knowsley Inclusion Service to offer support, assess and plan SEND support and provide the most suitable education provision, we may collect all, or some, of the following information from you:

• personal identifiers and contact details (such as name, NHS number, contact details and address, details of parent/carers)
• special category data (such as racial or ethnic origin, information about your physical and health)
• special educational needs details

We also obtain information from other sources:

• Adults Social Care
• Children’s Social Care
• KMBC Education & Inclusion Service
• Education Psychology Service
• Other organisations or teams that can provide us with advice and information (such as GPs, School Nurses, Health Visitors and other NHS providers)
• Schools or post 16 settings currently or previously attended
• Early years education providers currently or previously attended such as nurseries, pre-schools and childminders
• Other third-sector providers as necessary

What allows you to use my information?

We collect and use children and young people data to comply with our statutory obligations as outlined in the Children and Families Act 2014, and to carry out tasks in the public interest. In many cases we will only process your information based on your explicit and informed consent unless for specified purposes or in the interest of the child or young person.

These legal bases are underpinned by acts of legislation that dictate what actions can and should be taken by local authorities, including:

• The Children and Families Act 2014
• Children Act 1989 and 2004
• Education Act 2011
• The Chronically Sick and Disabled Persons Act 1970 (CSDPA)
• Equality Act 2010
• Mental Capacity Act (MCA) 2005

The legal bases which allow the Council to lawfully process your data fall under the UK GDPR and the Data Protection Act 2018.

Who will my information be shared with?

Your information may be shared with the following agencies:

• Teams within KMBC working with children, young people and families
• commissioned providers of local authority services (such as education or health services)
• other local authorities and social care or health providers outside of KMBC
• schools, colleges and early years providers as well as wider education or training providers
• Pupil Referral Units (PRUs)
• independent schools and independent specialist providers approved under Section 41 of the Children and Families Act 2014
• Educational Psychologists
• Youth Offending Teams and youth custodial establishments
• providers of independent advice and guidance, with expressed permission
• mediation services and SEND First-tier tribunal, if applicable
• Department of Education
• Relevant Commissioning Boards
• Clinical Commissioning Groups (CCGs)
• Ofsted

We share information that we have gathered as part of any assessment that has been made. We share information to resolve disagreements as part of formal and informal processes in relation to mediation, or formal appeals through the Special Educational Needs and Disability Tribunal.

We will share personal information with law enforcement or other authorities if required by applicable law.

Do I have to provide this information and what will happen if I don’t?

If this information is not provided, we may not be able to complete statutory functions outlined in relevant law or guidance and services may not be able to provide support where is may be required.

If you would like to withdraw consent, please inform us of your decision. If you withdraw your consent, this is may impact any ongoing support or assessment.

How long will you keep this data for and why?

It will only be held for the periods stated in our record retention schedule, after which it will be securely destroyed. Information can be stored up to 75 years, dependent upon the nature of the information. Most of this information is kept electronically.

How will my information be stored?

Your information will be stored securely on our IT system. Some information is held in a central site called Liquid Logic (EHM and EYES) and Sharepoint Sites. Access to these systems is restricted to those who are entitled to view and process your data.

If the information is collected in a paper format, we will also ensure it is kept secure and destroyed when no longer required.

Will this information be used to take automated decisions about me?

No.

This information will be used to make decisions about whether to conduct a statutory needs assessment or issue an Education, Health and Care (EHC) Plan or if you need support from a service. These decisions will not be made without clear consent.

Will my data be transferred abroad and why?

No.

But if you move abroad, with permission, we can transfer documentation to the relevant authorities where applicable.

What rights do I have when it comes to my data?

Under the Data Protection Act (DPA) 2018/ UK General Data Protection Regulation (UK GDPR), 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 DPA 2018/UK GDPR, please visit the Information Commissioner’s website.

You can request a copy of your data or ask questions about how it is used by visiting our website here:

Subject access request | Knowsley Council

By email to: Inforights@knowsley.gov.uk

Or in writing to:

Data Protection Officer
Knowsley Council
Nutgrove Villa
Westmorland Road
Huyton
L36 6GA

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
Nutgrove Villa
Westmorland Road
Huyton
L36 6GA

Or email: data.protection.officer@knowsley.gov.uk

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