We believe it’s important to be open and fair when we collect and use personal information. That’s why we follow the law closely to make sure everyone’s data is handled with care and respect.
To help families understand how we use personal information, Pupil Entitlement has created a privacy notice. This notice is for all children and young people of statutory school age, as well as their families.
This privacy notice explains:
- what information we collect
- why we collect it
- how we use it
- who we might share it with
Our goal is to be clear and transparent, so you always know what to expect.
Personal and special category data
Personal and special category data
The information you provide helps us to make sure that we meet our legal duties and responsibilities. This information that we hold includes:
- personal identifiers and contacts of the child or young person and any adult considered to be their parent in accordance with the Education Act 1996 (such as their full name, contact details and addresses, unique pupil number, parent reference numbers)
- details of the child or young person of statutory school age (such as ethnicity, language spoken and free school meal eligibility)
- details of any adult considered a parent under the Education Act 1996 (such as language spoken, housing, employment status)
- information needed to process school admissions for a child or young person
- details of Special Educational Needs (including the needs and ranking)
- relevant information if we think an offence has happened - this might also include health details if they are part of explaining what happened
- information as required in the seeking of an Education Supervision Order through the Family Courts in accordance with the Children Act 1989
- school records
- behavioural information (such as exclusions and any relevant alternative provision placement put in place)
- details of educational provision which take place outside of a school setting (such as elective home education, or other independent providers)
- details of professional involvement from other local authority’s and other county council departments
- safeguarding information (such as court orders and professional involvement)
- details of any legal tools imposed upon a parent including Fixed Penalty Notices (FPNs) and or court disposals
Data Controller
West Sussex County Council (WSCC) complies with the Data Protection Act and the General Data Protection Regulation (GDPR). It is registered as a ‘Data Controller’ with the Information Commissioner’s Office (Reg. No. Z6413427).
You can find details for the WSCC Data Protection Officer (DPO) on our Privacy Policy.
We ensure that your personal data is processed fairly and lawfully, accurate, kept secure and retained for no longer than is necessary.
The legal basis for processing personal data
We process personal data as:
- UK GDPR Article 6(1)(c) - processing is necessary for compliance with a legal obligation
- UK GDPR Article 6(1)(e) - 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
Conditions for special categories of data
These include:
- UK GDPR Article 9(2)(b) - processing is necessary for carrying out obligations under social protection law
- UK GDPR Article 9(2)(f) - processing is necessary for the establishment, exercise or defence of legal claims or where the courts are acting in their judicial capacity
- UK GDPR Article 9(2)(g) - processing is necessary for reasons of substantial public interest on the basis of law which is proportionate to the aim pursued and which contains appropriate safeguards
If a child or other person is considered to be at risk of significant harm, people working with you will have a duty of care to share the information with the relevant services without consent.
How we use your personal information
We collect and hold personal information relating to children, young people, parents (as defined by the Education Act 1996), carers and other family members. We may also receive information from schools, colleagues, other local authorities and the Department for Education (DfE).
Our Privacy Policy determines how we use personal data. We use it specifically to:
- undertake accurate assessments
- review school attendance levels within the county
- measure whether our services are positively contributing to improving school attendance, improving alternative provision, reducing school exclusion and promoting inclusion, providing adequate Special Educational Needs and Disability (SEND) and the efficient admission of children or young people of statutory school age to school under the Fair Access Protocol (FAP)
- ensure we discharge our statutory functions, which include:
- organising the annual procedures for children starting school and transferring to junior and secondary schools/establishments (including any appeals in relation to this)
- organising the allocation of in-year admissions to school (including any appeals in relation to this
- the collation of responses when the local authority consults on its admission arrangements (including the details of the responder, if given) - responders can be members of the public, parents/carers/guardians, school governors, schools, staff within the local authority and so on (the list is not exhaustive)
- conducting investigations under the Education Act 1996 and compiling legal cases when offences under this Act are identified
- issuing of Chaperone Licences in accordance with the Children and Young Persons Act 1933 and 1963 and the Children (Performance and Activities) (England) Regulations 2014
- issuing of a Child Performance Licence in accordance with the Children and Young Persons Act 1933 and 1963 and the Children (Performance and Activities) (England) Regulations 2014
- issuing of Child Work Permit in accordance with the West Sussex County Council Byelaws on the Employment of Children 1998
- maintain a record of children in West Sussex who are known to be Electively Home Educated
- plan to establish the identities of children who are not registered at school and are not receiving a suitable education otherwise
- implement School Attendance Orders when we are not assured the parent is taking adequate steps to ensure a child is in receipt of a full time suitable education
- help us develop and improve our services
- complete statistical returns to government departments
- develop policies
- administer and protect public funds
- provide you with appropriate services including those from external agencies
Who we share your information with
We do not share information about children and young people and their parents with anyone without consent unless the law and our policies allow us to do so.
When information can be shared we may pass this securely to:
- internal departments
- other local authorities (education, social care and relevant housing and employment and other services)
- central government
- appeal panel members (in the case of school admission appeal hearings)
- governing bodies of schools, including non-maintained and special schools and Pupil Referral Units (PRUs)
- governing bodies of further education colleges and sixth form colleges
- proprietors of academies, free schools and independent schools
- youth offending teams and relevant youth custodial establishments
- HM Court Services
- other third party organisations as allowed by law
- other partner agencies that provide services on our behalf
- agencies with whom we have a duty to cooperate, such as police and probation services
- partners within the Health Service
- housing associations
- benefits agencies
- theatre groups
Department for Education
The Department for Education (DfE) collects personal data from educational settings and local authorities via various statutory data collections. We are required to share information about children and young people with the DfE for the purposes of those data collections under the following acts and regulations:
- Children Act 1989 (section 36)
- Education Act 1996 (sections 7, 19, 436A, 437-39, 443-447)
- Crime and Disorder Act 1998 (section 8 -10)
- Anti-social Behaviour Act 2003 (ASB Act) (sections 19-24)
- Education Act 2005 (section 115)
- Education and Inspections Act 2006 (sections 97-111)
- Education (Parenting Contracts and Parenting Orders) (England) Regulations 2007
- Education (Penalty Notices) (England) Regulations 2007
- Education (Penalty Notices) (England) (Amendment) Regulations 2012
- Education (Penalty Notices) (England) (Amendment) Regulations 2013
- Education (Penalty Notices) (England) (Amendment) Regulations 2014
- Education and Skills Act 2008 (section 2 and 155)
- Information as to Provision of Education (England) Regulations 2008
- Information as to Provision of Education (England) (Amendment) (No.2) Regulations 2013
All data is transferred securely and held by the DfE under a combination of software and hardware controls which meet the current government security policy framework.
We will not share data with third parties for marketing purposes.
You can find more information about how the local authority store and use this data in our Privacy Policy.
How long we will keep your personal data
Personal data will not be retained for longer than is necessary in relation to the purposes for which they are collected. The period of retention for Education files is 50 years from the date of birth of the individual.