Privacy notice: Special Educational Needs and Disabilities (SEND)
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:
date of birth
details of special educational needs and / or disabilities
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 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
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
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 firstname.lastname@example.org 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.