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PRIVACY NOTICE - Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation.

How we use children/young people's information.

How we collect the information

The SEND Team processes personal information relating to children and young people and may receive this information from

  • themselves
  • parents/carers
  • current and previous educational/care settings
  • the Dudley Council ICT provider
  • other Dudley Council teams
  • other Local Authority SEND Teams
  • the Department for Education (DfE)
  • other external professional agencies

What information we collect

The information we collect will include

  • the child/young person's and family contact details
  • national curriculum and attainment data including assessment results
  • attendance/exclusion information
  • information from previous/current early years providers/schools/post 16 providers
  • any information from other Local Authority SEN Teams
  • any health/medical information
  • any social care information
  • any personal characteristics such as their religion and ethnic group

Why we hold the information

We hold this personal data to:

  • consider and possibly conduct a statutory joint educational, health and care needs assessment
  • consider if top up funding is required for children/young people with identified SEN
  • include in an Education, Health and Care Plan/Graduated Support Plan (if applicable)
  • consult with transitioning educational/care settings for future placements
  • provide education support for children and young people with special educational needs
  • be able to monitor, review and report on progress
  • ensure the safeguarding of children and young people
  • ensure the medical health, safety and wellbeing of children and young people

The lawful basis for processing the information

Our lawful basis for processing information is:

  • Legal obligation- processing is necessary to comply with the law (SEND Code of Practice. Part 3 of the Children and Families Act 2014)
  • Public task- processing is necessary to perform a task in the public interest
  • Vital Interests-processing is necessary to protect someone’s life

Sharing data

We are required, by law, to pass certain information about children/young people to the Department for Education (DfE) for statutory returns.

If you need more information about how Dudley MBC or DfE collect and use your information, please visit: How we look after your information

Organisations that we are most likely to share personal data with are:

  • Dudley MBC ICT service providers
  • Any previous/current/possible transitioning Early Years provider/School/Virtual School/Post 16 Provider
  • Other Dudley MBC LA Teams (Admissions, Early Help, Early Years, Education Access, Free School Meals, Transport Team, Education Outcomes, Social Care, Adult Social Care, Specific Speech and Language Impaired Children’s Services, Specialist Inclusion Services, Family Solutions
  • Other Local Authority SEND Teams (if moving in or leaving Dudley)
  • Information advice and support service SENDIASS
  • Special Educational Needs & Disability Tribunal (SENDIST)
  • The Department for Education (DfE)
  • Ofsted
  • The National Health Service Trust
  • Dudley CCG
  • Dudley and Walsall Mental Health Partnership Trust
  • Dudley Integrated Health and Care NHS Trust
  • Other health professionals
  • Other external professionals

Protecting your personal data

To ensure personal data information is kept safe we have the following controls in place:

  • The information will not be used for any purpose other than those stated in this notice
  • The information will be held within secure systems/locations, with appropriate levels of security, that comply with relevant data protection legislation
  • The information will only be shared for lawful purposes and with an appropriate level of security that complies with relevant data protection legislation
  • The information will not be held for longer than is necessary, after which it will be securely destroyed in line with Dudley MBC’s Retention Policy. Our policies and procedures
  • The information will be processed in accordance with Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). We will not give information about our children/young people to anyone without your consent unless the law and our policies allow us to do so.

Requesting access to your personal data

Under data protection legislation parents/carers and pupils have a right to request access to information about them that the Local Authority holds. This is called a subject access request. To make a request for your personal information please contact the Information Governance Team on 0300 555 2345, e-mail information.governance@dudley.gov.uk.

Concerns regarding processing of data

Should you have any concerns relating to how we, as a team, obtain, use, store or share any personal data please contact: senteam@dudley.gov.uk

If however you are dissatisfied with our response to your concerns you can of course contact the Information Commissioners Office (ICO), Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF Tel: 0303 123 1113