Privacy policy: Special Education Needs and Disabilities

Who To Contact

Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 9GL

Who will own my data once I submit it?

Knowsley Metropolitan Borough Council (KMBC) is the data controller for the information that you provide.  Knowsley Metropolitan Borough Council is committed to protecting your personal information.

Why do you need my information?

 

The English as an Additional Language (EAL) Service (hereinafter called “the Service”) is responsible for carrying out duties under the Children and Families Act 2014 in relation to the ongoing monitoring of children and young people for whom English is not their first language, who have been referred by mainstream schools and Early Years settings in Knowsley and also, academies that have a Service Level Agreement with the Service.
 
In order to assess and provide the most suitable EAL provision, we collect the following personal information from schools, parents or carers of children and young people and if appropriate, from young people themselves within statutory school age.

  • Name
  • Addresses (UK and abroad immediately prior to arriving in this country, if applicable)
  • Date of birth
  • Date of arrival in the UK (if applicable)
  • Parents’/carers’ contact details
  • Gender
  • Ethnicity
  • First / home language
  • Information about school attendance, progress and attainment (in home country and the UK)
  • Information about physical or mental health
  • Details of special educational needs and disabilities

Personal information may also be obtained from other organisations or teams such as;

  • Children’s social care
  • Educational psychologists
  • Mental health services, school nurses, and other NHS providers
  • Admissions
  • Attendance (Children Missing Education)
  • Early educations providers – nurseries, pre-schools, childminders

What allows you to use my information?

  • KMBC collect and use pupil information to comply with our legal obligations as outlined in the Children and Families Act 2014
  • Our legal obligation under the Equality Act 2010
  • In many cases we will only process your information based on your explicit and informed consent except for specified purposes or in the interest of the child or young person.
  • You have the right to withdraw consent at any time (if applicable)

Who will my information be shared with?

We will collect information about your child when referred to the service to:-

  • Record how well your child is doing in school
  • Contact your child’s school to offer education advice and support including assessment of your child’s progress in English acquisition and learning
  • Meet with you (if appropriate) to offer advice surrounding linguistic support at home and in school
  • Sign-post you to other services for support (with your consent)

Information will be shared as necessary and following information security procedures with the following;

  • Teams within the council working to improve outcomes for children and young people
  • Commissioned providers of local authority services
  • NHS teams, Health visitors, midwives, district councils, housing providers, Police, school nurses, community paediatrician, doctors and mental health workers
  • Schools, colleges, early years providers and training providers
  • Educational psychologists
  • Department for Education (DfE)
  • Local multi-agency forums which provide advice, support and guidance for the welfare of the child/family

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?

 

All organisations must provide a legal basis for processing your information. In most cases this is found in the new data laws of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018
Without the relevant information, an EAL assessment might not be carried out. This could also delay the necessary, appropriate or suitable language and education provision required for the child or young person.

How long will you keep this data and why?

We will keep your information from date of birth until the child reaches the age of 25.

How will my information be stored?

  • We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way
  • Access to your information is limited to only those who have  genuine need to know it
  • All those with access to your information are subject to a duty of confidentiality
  • Procedures are in place to deal with any suspected data security breaches
  • You will be notified of any suspected data security breach where we are legally required to do so

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

We will not make automated decisions based on the information supplied.

Will my data be transferred abroad and why?

We do not envisage any reason for your information to be transferred abroad.  If for any reason this was required you would be informed and our information security and information sharing procedures would be followed.

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 restriction – you have the right to ask for your information to be restricted (locked down) on council systems
  • 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)
  • Know what we are doing with your information and why we are doing it

Depending on our reason for using your information you may also be entitled to

  • 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 rectification – you have the right to ask the Council to correct or remove any inaccurate data that we hold about you
  • Object to how we are using your information
  • Stop us using your information in certain ways
  • The right to erasure (right to be forgotten) – you have the right to ask the Council to remove data that we hold about you

We will always seek to comply with your request, however, we may be required to hold or use your information to comply with legal duties.
 
To find out more about your rights under the 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, e-mail: 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
L369GL
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