Special Educational Needs and Disability Privacy Notice

Introduction

North Tyneside Council are the Data Controller under the terms of the of the Data Protection legislation and we are legally responsible for ensuring that all personal information that we process, hold, obtain, record, use or share about you is done in compliance with the law.  

We process your personal information as part of the Special Education Needs and Disabilities (SEND) service. We are responsible for carrying out duties under the Children and Families Act 2014 in relation to statutory assessment processes, and the ongoing monitoring of children and young people who have Education, Health and Care (EHC) Plans.

We also administer and approve additional high needs funding applications for children and young people in relation to the special educational provision they may require across early years, school and post compulsory settings. We work in a coordinated way with other children and young people’s services within the Authority and with partner organisations to ensure we deliver the best possible outcomes for children and young people with SEND in North Tyneside, and to ensure we are fully compliant with the Children and Families Act 2014 and associated regulations and Code of Practice. 

We also process this information to assess the quality of our services and evaluate and improve our policies and procedures. We may also process this information in other ways compatible with the above. Mainly this will include supporting the work of other public bodies providing services to children. 

The kind of information we hold about you and who provides it

While assessing and planning SEND support, and providing the most suitable educational provision, we collect the following personal information when you provide it to us:

  • personal information (such as name, address, contact details, date of birth, parent/carer name(s) and contact details, gender)
  • details of special educational needs and disabilities
  • ethnicity
  • information about physical or mental health 

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 allows you to use my information?

There must be a lawful basis (or justifiable reason) for us to collect, store, use and disclose your personal information.  

We collect and use information relating to children and young people who may have special education needs to comply with our legal obligations as outlined in the Children and Families Act 2014. 

Who will my information be shared with?

We may disclose your personal information to your family including persons with parental responsibility as well as public bodies and other organisations, in particular: 

  • Other departments in the Council working to improve outcomes for children and young people
  • Commissioned providers of local authority services (such as education or health services)
  • Schools, colleges and early years providers as well as wider education or training providers
  • Local multi-agency forums which provide SEND advice, support and guidance 
  • Educational Psychologists
  • Other local authorities and social care or health providers outside of the Local Authority
  • Department of Education
  • Providers of independent advice and guidance (such as contracted SEND consultants)
  • Mediation and support services 

We share information that we have gathered as part of a statutory needs’ assessment. We share information to resolve disagreements as part of formal and informal processes in relation to mediation or formal appeals through the Special Educational Needs and Disability Tribunal. 

We will share personal information with law enforcement or other authorities if required by applicable law. 

How long will you keep this data for and why?

When the information has been used for the purposes for which they were required, the information will be securely and confidentially destroyed in a manner that accords with the agreed retention period for such records. 

How will my information be stored?

The council will keep all the personal data it holds secure, whether held electronically or as paper copies. The council has security procedures and an Information Security Policy to ensure we handle data appropriately and protect it from accidental loss or misuse. We also ensure that only members of staff with a legitimate reason to access your information have permission to do so.

What are my rights?

You have the following rights with regards to your personal data:   

  • The right to subject access – you have the right to see a copy of the personal data that the Council holds about you and find out what it is used for.
  • The right to rectification – you have the right to ask the Council to correct or remove any inaccurate data that we hold about you.
  • The right to erasure (right to be forgotten) you have the right to ask the Council to remove data that we hold about you.
  • The right to restriction – you have the right to ask for your information to be restricted (locked down) on Council systems 
  • The right to data portability – you have the right to ask for your data to be transferred back to you or to a new provider at your request.
  • The right to object – you have the right to ask the Council to stop using your personal data or to stop sending you marketing information, or complain about how your data is used.
  • The right to prevent automated decision making – you have the right to ask the Council to stop using your data to make automated decisions about you or to stop profiling your behaviour. (where applicable) 

Further information

If you would like to know more about how we use your information and your rights, please speak to the professionals concerned with your care, or see the main Authority Privacy Notice under ‘your rights’.   

You can also write to: 

Data Protection Officer
North Tyneside Council
The Silverlink North
Cobalt Business Park
North Tyneside
NE27 0BY 
 
Email: information.governance@northtyneside.gov.uk   
Tel: 0191 643 2333  

For further guidance about data protection rights, see https://ico.org.uk/.