Privacy notices - Special Educational Needs and Disabilities (SEND) privacy notice

The type of personal information we collect

We currently collect and process the following information:

• name
• address
• contact details
• date of birth
• parent or carer name(s) and contact details
• gender
• NHS number
• unique pupil number

We also collect the following, which includes special category information:

• ethnicity
• educational progress and attainment information;
• school attendance, exclusions and behavioural information;
• medical information relating to special educational needs and disabilities
• medical history
• details about physical and emotional wellbeing, and parenting
• health, social care information from other services being accessed (such as a safeguarding assessment)
• details of any risk issues relating to your Education, Health and Care Plans
• information from court/tribunal orders or judgements and professional involvement

Criminal offence data will be processed under the 28 conditions of Schedule 1 of the Data Protection Act 2018 which are available for the processing of criminal offence data. These are set out in paragraphs 1 to 37.

We use criminal offence data due to the vulnerability of the children and young people we work with.

How we get the personal information and why we have it

Most of the personal information we process is provided to us for one or more of the following reasons:

• to allow us to assess, identify and clarify a child’s SEN needs in order to identify the support they require and assist them to achieve the best outcomes
• to allow us to assess which other professionals we need to work with
• to allow us to assess what specialist equipment may be needed
• to allow us to make decisions about whether to provide an educational establishment with extra funding
• to consult with transitioning educational/ care settings for future placements

Complaints, disagreements or mediation

• to investigate complaints
• to allow us to support disagreement resolution or mediation procedures relating to appeals to the First-tier Tribunal (SEND)

Education, Health and Care (EHC) Plans

• to allow us to make decisions about whether to conduct a statutory needs assessment or issue an EHC Plan
• to allow us to support the monitoring of the service provision specified in an EHC Plan
• to monitor progress and review of an EHC Plan

Research, service planning and commissioning

• to produce statistics and reports to plan for the delivery of new or ongoing services
• to comply with government department research and returns (for example but not exclusive to SEN2 data return)
• to inform future commissioned services and educational placements requirements

We receive information directly, or indirectly, from the following sources:

• the individual themselves on a standard form or by secure email
• parents or carers
• other teams within Bracknell Forest Council (Legal services, Housing, Education, Children Social Care, Adult Social Care )
• social care or healthcare providers
• NHS Trusts, Clinical Commissioning Groups (CCGs) and community health services
• youth offending services
• youth support services
• Children and Adolescent Mental Health Services (CAMHS)
• Education and training providers (schools and colleges)
• educational psychologists
• occupational therapists, speech and language therapists
• other partner organisations, health professionals and education providers

How the law allows us to use your personal information

Lawful basis for processing

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

• (a) your consent
• (c) we have a legal obligation
• (e) we need it to perform a public task

Special category data

Under the UK General Data Protection Regulation (UK GDPR), the lawful basis we rely on for processing the information is Article 9 UK GDPR:

• (a) your consent
• (b) employment and social security and social protection law
• (f) exercise or defence of legal claims
• (g) processing is necessary for reasons of substantial public interest
• (h) processing is necessary for provision of health or social care treatment

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

Your consent

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

Where we have sought consent to use your personal data and there is no ongoing legal obligation to process this data, you have the right to remove it at any time.

If you want to remove your consent, contact sen.education@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.

Legal obligation

Our ‘legal obligation' for in relation to the statutory assessment process, and the ongoing monitoring of children and young people with have EHC Plans is found in:

• S.19 Children and Families Act 2014
• SEN Code of Practice 2015 and 2018

Public task

The public task we carry out as a local authority, is found in:

• The Children and Families Act 2014

Who we share your information with

Information held by the council may be shared with the following organisations:

• other teams within Bracknell Forest Council (Legal services, Housing, Education, Children Social Care, Adult Social Care, Home to School Transport, Early Help )
• other local authorities and social care or healthcare providers
• government departments or agencies (Department for Education, Ofsted, Department of Health and Social Care, Education & Skills Funding Agency)
• NHS Trusts, Clinical Commissioning Groups (CCGs) and community health services
• HM Courts and Tribunals Service (such as the First-tier Tribunal SEND)
• mediation services
• youth offending services
• youth support services
• legal representatives and advocates
• Children and Adolescent Mental Health Services (CAMHS)
• education and training providers (schools, colleges, Academies, independent specialist providers, early years providers)
• educational psychologists
• occupational therapists, speech and language therapists
• local multi-agency forums which provide SEND advice, support and guidance

We share your information with these organisations for the following reasons:

• to have a clear holistic approach to be able to meet the needs of the children and young people
• to make sure that the child or young person has a placement according to their needs

Service adjustments

If you need service adjustments, email sen.education@bracknell-forest.gov.uk.