Published: October 2023
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
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
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.
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 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
How we store your personal information
Your information is securely stored on Microsoft SharePoint and on Capita One, the SEND case management system.
Retention periods and disposal means are laid out in the council’s retention and disposal schedule.
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.
Making a request
You are not required to pay any charge for exercising your rights. If you make a request, we have 28 days to respond to you.
To make a request, contact us by: sen.education@bracknell-forest.gov.uk.
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 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 sen.education@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
- Information Commissioner’s Office