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Privacy notice - Special Educational Needs and Disabilities (SEND)

1. Introduction

This Privacy Notice explains types of personal information we may collect about you when you interact with us. It also explains how we will store and handle that information, as well as keep it safe and secure.

We will keep our privacy notice under regular review and will advise you of any updates on our website.

This Notice was last reviewed in August 2019.

It is important you read this privacy notice so you can be fully aware of how and why we are using the personal data that we are collecting or processing.

2. Who we are and we do

SEND Services within South Tyneside Council co-ordinates the assessment and annual review processes for children and young people with Education, Health and Care Plans (EHCP).

SEND Services also provides top up funding for children and young people on SEND Support who do not have an EHCP.

3. What type of information is collected?

In order to effectively and efficiently process requests for EHCP assessments, annual reviews and top up funding, the following information is collected:

  • name
  • address
  • date of birth
  • gender
  • email address
  • contact number
  • details of special educational needs and / or disabilities
  • educational provision
  • medical information
  • details of parent / carer including mobile, email address, parent/carer advice about the needs of the child
  • additional information in support of request which can include any detail from the applicant
  • details of the child's educational, health and social care needs and requirements

4. How do we collect personal information?

We may collect your personal information in a number of ways, for example:

  • Referrals from early years settings, schools, colleges or training providers
  • In person, by telephone or in writing - for example letter or email
  • Family members acting on your behalf
  • Solicitors or advocates acting on your behalf

5. Why we need the information and how we use it (purpose and legal basis)

We collect and process personal data on a lawful basis (Children and Families Act 2014 and the Equality Act 2010).

We collect and hold personal information relating to children, young people, parents, carers and other family members. We may also receive information from schools, other local authorities, health and social care providers and the Department for Education (DfE).

We use this personal data specifically to:

  • provide you or your child with appropriate services
  • measure whether our services are improving provision for children with SEND
  • help us develop and improve our services
  • complete statistical returns to Government departments

Local Authorities (LAs) are required to pass on some information to the Department for Education (DfE) who use it to help with their policy development. We do not pass on the names of individual children.

The LA also uses the information for performance management and funding and to assist with the development of good practice.

Partner services, inside and outside of the Council, are also provided with information to assist them in understanding the needs of children living in South Tyneside and the information is used for planning, commissioning and development of services.

6. Who might we share your information with (inside and outside of the Council)

To enable South Tyneside Council to provide effective joined-up social care and/or health partners, we may share personal information.

Your data may be shared with the following:

  • internal Council departments
  • other local authorities (education, social care and relevant housing and employment and other services)
  • employees and governing bodies of schools, including non-maintained special schools, further education colleges and sixth form colleges and academies (including free schools, university technical colleges and studio schools)
  • the management committees of pupil referral units
  • independent schools and independent specialist providers approved under Section 41 of the Children and Families Act 2014
  • all early years' providers in the maintained, private, voluntary and independent sectors that are funded by the local authority
  • National Health Service (NHS) Commissioning Board
  • Clinical commissioning groups (CCGs)
  • NHS Trusts
  • NHS Foundation Trusts
  • Local Health Boards
  • Youth Offending Teams and relevant youth custodial establishments
  • 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
  • language translation services, where it is necessary to translate any information into or from a foreign language for you
  • solicitors, advocates or other support services nominated by you to assist you with your referral
  • Local Government Ombudsman and other regulatory authorities and auditors

If you require more information about how the DfE stores and uses this data please visit the GOV.UK: Data protection: how we share pupil and workforce data.

We have a legal obligation to collect or use personal information to comply with the LA's legal duties.

You can decide you do not wish your personal information to be collected or shared, or may want to set conditions on our use of it. If you do this, we may not be able to provide the service you require, or may only be able to provide it in a limited way.

We do not pass personal data to third parties for marketing, sales or any other commercial purposes.

7. How long 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 35 years after the EHCP has ceased.

8. How do we keep your personal information secure?

Your information is held on the Council's secure network and within our SEND software for the purpose of assessing and monitoring your child's special educational needs.

Your information is protected using up to date technical and organisational security measures. 

Your information we use for marketing purposes will be kept with us until you notify us that you no longer wish to receive this information.

9. What are your rights?

Your individual rights are set out in law. Subject to some legal exemptions, you have the following rights:

  • Right to be informed
  • Right of access
  • Right to rectification
  • Right to erasure
  • Right to restrict processing
  • Right to data portability
  • Right to object
  • Rights in relating to automated decision making and profiling

Please see the relevant section of the Corporate privacy notice for further information.

10. Contact us

The Data Protection law gives you the right to apply for a copy of information about yourself. This is called a Subject access request

The accuracy of your information is important to us to be able to provide relevant services more quickly. We are working to make our record keeping more efficient.

In the meantime, if you change your address or email address, or if any of your circumstances change or any of the other information we hold is inaccurate or out of date, please email senteam@southtyneside.gov.uk or write to us at:

SEND Services
Children Adults and Health
Town Hall
Westoe Road
South Shields
NE33 2RL

11. Further information

Information Commissioner's Office

The Information Commissioner is the UK's independent body set up to uphold information rights.

If you would like to know more about your rights under the Data Protection law, and what you should expect from us, visit Information Commissioner's Office.

If you have any concerns regarding our privacy practices or about exercising your Data Protection rights, you may contact the Information Commissioner's Office:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Phone: 0303 123 1113 or 01625 545 745 
Email: casework@ico.org.uk

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