Educational psychology service privacy notice

Our contact details

Name: Data Protection Officer

Address: Time Square, Market Street, Bracknell, RG12 1JD

Phone Number: 01344 352000

Email: dpo@bracknell-forest.gov.uk

Bracknell Forest Council is registered as a controller with the Information Commissioner’s Office (ICO).

You can find us on the ICO website - our registration number is Z4971654.

The type of personal information we collect

We currently collect and process the following information in relation to children and young people aged 0 to 25 years, and parents and carers:

• personal identifiers, contacts and characteristics such as:
  • name
  • address
  • date of birth
  • contact information
  • telephone number
  • email address
  • educational establishment details

As well as personal information we may collect and share additional information known as ‘special categories of personal data’ including:

• professional reports from child or family assessments
• school assessment data
• free school meal eligibility
• race
• gender
• ethnic origin
• religion
• sexual orientation
• achievement data from educational psychology tasks

How we get the personal information and why we have it

Most of the personal information we process is provided to us directly by you for one of the following reasons:

• requests for support
• accessing services
• psychological assessment of need at early intervention, or at statutory phase as required by the Children and Families Act 2014 and the Special Needs and Disability Code of Practice: 0 to 25 years (2015)

We also receive personal information indirectly, from the following sources in the following scenarios:

• other professional reports from agencies such as social care, health providers, and education
• requests for service involvement, for example from schools, educational settings, other local authority services, other commissioned services, and health or social care professionals

We use the information that you have given us in order to:

• make sure we have the correct identifiers for the child or young person who is the focus of the work the service undertakes
• add to the details we know about the individual, to make sure the details are shared accurately and appropriately, and with parental permission
• use data to communicate and provide services appropriate to need
• to gather information to inform planning and service delivery
• to assist the council in responding to emergencies or major accidents – this allows the council, along with other services, to identify those who may need additional support

How the law allows us to use your personal information

Our legal obligations come from the following:

• the personal data of the children and young people and that of their parents or carers will be used to process any application for educational psychology services - this is to help the council in their legal obligation to make sure that every child receives a suitable education (Education Act 1996)
• if the child or young person is subsequently assessed for an education and health care needs assessment, then the data will be used as part of the statutory psychological assessment of this process as per the Children and Families Act 2014
• the Department for Education’s Special Needs and Disability Code of Practice: 0 to 25 years (2015) which underpins the statutory process for assessment for an Education Health and Care Plans (EHC) - the code provides details of how SENCos should request the involvement of specialists to support, including educational psychologists who are specifically named

Lawful basis for processing

Under the UK General Data Protection Regulation (UK GDPR), the lawful basis for processing is Article 6 UK GDPR:

• (a) you have given consent
• (b) process is necessary for the performance of a contract
• (c) processing is necessary for compliance with a legal obligation to which we are subject
• (e) performing a public task

Special category data

Special category data is being processed under Article 9 UK GDPR:

• (a) you have given your consent
• (e) processing relates to personal data which are manifestly made public by the data subject
• (h) processing is necessary for the purposes of preventative or occupational medicine

You can read the guide to lawful basis for processing special category data on the Information Commissioner's Office website.

Consent

Where we do use consent to process your personal data, we will explain to you what we are asking you to agree to and why.

If we have consent to use your personal data, you have the right to remove it at any time.

If you want to remove your consent, please email educational.psychology@bracknell-forest.gov.uk and we will deal with your request.

If you remove your consent we are unlikely to be able to provide continued services to you.

Who we share your information with

Personal data is shared between schools and this service as part of any referral process.

We also share data with social services if requested as part of any social care statutory assessment process.

We will not sell your personal data to any party.

How we store your personal information

We recognise that the information you provide may be sensitive and we keep information about you confidential. This means we store it securely and control who has access to it.

We will not store any information where we are not legally required to do so.

We will make sure:

• that where your information is disclosed to a third party, the third party has sufficient systems and procedures in place to prevent the loss or damage of personal data
• we store your information securely on databases and files within the council

Data will not be kept for longer than is necessary and is kept in line with the council’s retention and disposal schedule. We will dispose your information by securely destroying any data we hold.

Your data protection rights

Under data protection law, you have rights we need to make you aware of. The rights available to you depend on our reason for processing your information.

Your right of access

You have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information we process.

Find out more about your right of access from the ICO.

Your right to get your data corrected

You have the right to ask us to correct information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. This right always applies.

Find out more about your right to get your data corrected from the ICO.

Your right to get your data deleted

You have the right to ask us to delete your personal information in certain circumstances.

Find out more about your right to get your data deleted from the ICO.

Your right to limit how organisations use your data

You have the right to ask us to limit the processing of your information in certain circumstances.

Find out more about your right to limit how organisations use your data from the ICO.

Your right to object to the use of your data

You have the right to object to processing if we are able to process your information because the process forms part of our public tasks.

Find out more about your right to object to the use of your data from the ICO.

Your right to data portability

This only applies to information you have given us. You have the right to ask that we transfer the information you gave us from one organisation to another, or give it to you.

The right only applies if we are processing information based on your consent or for the performance of a contract, and the processing is automated.

Find out more about your right to data portability from the ICO.

Service adjustments

As a public authority and a provider of services to the public, we have a legal duty to comply with the Equality Act 2010.

This means we need to make service adjustments for anyone with a disability who contacts us in any capacity, to eliminate any barriers to accessing our services.

Our lawful basis for processing this information is article 6(1)(c) of the UK GDPR as we have a legal obligation to provide this. Our processing of special category data, such as health information you give us, will be based on article 9(2)(a), which means we need your consent.

We will create a record of your adjustment requirements. These will give your name, contact details and type of adjustment required, along with a brief description of why it is required. Relevant staff can access this to make sure they are communicating with you in the required way.

Please contact us by emailing educational.psychology@bracknell-forest.gov.uk should you require service adjustments.

How to complain

If you have any concerns about our use of your personal information, you can make a complaint to us at dpo@bracknell-forest.gov.uk

You can also complain to the ICO if you are unhappy with how we have used your data by:

• visiting the ICO website
• phoning the ICO helpline on 0303 123 1113
• writing to:
  • Information Commissioner’s Office
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire
    SK9 5AF