Special educational needs privacy notice
Who do you keep information about?
We keep information about children and young people (up to age 25) with special educational needs and or disabilities (SEND).
Why do you keep information about me?
Section 36 (3) of the Children and Families Act 2014 and the Children and Families Act 2014 places a number of duties on the local authority with regard to children and young people who have special educational needs and or disabilities.
We use the data gathered in order to:
- identify your child’s SEND needs
- clarify the child or young person’s needs
- identify the support they require which will help them to achieve their outcomes
- know who we need to speak to, so we can ask them to send us information and advice relating to your child
- 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
- make decisions about travel assistance
- 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
- make decisions about whether to provide additional funding to the setting where your child is educated (such as High Needs Funding and Early Years SEN Inclusion Funding)
- enable coordinated working with other teams and organisations
- evaluate and quality assure the services we provide
- assess for specialist equipment
- inform future commissioned services and educational placements requirements
- support disagreement resolution or mediation processes and processes relating to appeals to the Special Educational Need and Disability Tribunal (SENDT)
The Education and Skills Act 2008 also places a duty on the Local Authority to promote the effective participation in education or training.
We rely on the following GDPR conditions to process your personal data and special categories of personal data.
Processing is necessary for compliance with a legal obligation.
Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Special Categories of Personal Data
Processing is necessary for reasons of substantial public interest on the basis of domestic law which is proportionate to the aim pursued and which contains appropriate safeguards
Who can see my information?
Access is restricted to the SEN Team, Business support, Commissioning Manager for SEND, Performance Team, Systems and Process Team and Educational Psychology.
We may share your information with partners to ensure we meet our duties under the Children and Families Act 2014 and the SEND Code of Practice. This will include:
- teams within Darlington Borough Council working to improve outcomes for children and young people, including Early Help and Social Care
- commissioned providers of local authority services
- schools, colleges and early years providers as well as wider education or training providers. This will include prospective providers where we are consulting on an educational placement.
- Educational Psychologists
- partner organisations, where necessary, such as health services, doctors and mental health services
- other local authorities and social care or health providers outside of the local authority where the child or young person is either placed in that authority or becomes the responsibility of a new local authority
- The Department for Education
- the Special educational Needs and Disability Tribunal where part of a formal process
- With law enforcement or other authorities if required by applicable law
How do you store the information you keep about me?
Information is currently stored in Capita EMS, in the Liquid Logic, Early Help Module which is hosted on the Council’s Services and on the Council’s secure network. Some historic documents are also held securely by an external storage provider.
From 2023 all new information will be stored in the Liquid Logic, Early Years and Education Management System (EYES) Portal which is specifically designed to facilitate EHC Plans. This will be hosted on the Council’s secure servers.
The Council is ISO270001 certified.
How long do you keep information about me?
The local authority is required to keep to information it holds on children and young people with SEND for 35 years after case closure.
This information is destroyed securely when we no longer need it.
How did the Council get my personal data?
We collect information from parents or carers for children and young people below and within statutory school age, and from young people themselves if they are aged 16 or over and no longer in compulsory education.
We also obtain personal information from the following other sources:
- other organisations or teams that can provide us with advice and information (such as Adult or Children’s Social Services, educational psychologists, mental health services, doctors, school nurses and other NHS providers)
- schools or post-16 settings currently or previously attended
- early education providers currently or previously attended (such as nurseries, pre-schools, childminders)
What sort of information do you keep?
We may use the following information about you to make sure that we provide you with the right service, advice or support.
We will only use the minimum amount of information necessary to do so and will take every reasonable step to ensure the information is accurate.
- Identification number
- Location data
- One or more factors specific to the natural person, including:-
Special categories of personal data:
- Racial or ethnic origin
- Religious or philosophical beliefs
- Genetic data
- Data concerning health – in particular details of special educational needs and disabilities