This privacy notice explains:
- how personal information is going to be used
- what it is used for
- who it might be shared with and why
- how long it is kept.
The information you provide helps us to deliver our services effectively.
Personal and special category data
The categories of personal data we are processing are:
- 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)
- characteristics of the child or young person of statutory school age (such as ethnicity, language spoken and free school meal eligibility)
- characteristics of any adult considered a parent under the Education Act 1996 (such as language spoken, housing, employment status)
- safeguarding information (such as court orders and professional involvement)
- information as required in the processing of school admissions for a child or young person
- special educational needs (including the needs and ranking)
- school attendance information (such as sessions attended, number of absences, absence reason and any previous schools attended)
- information relating to the commission of offences and/or defence of offences (including health issues of the child or young person) within the Education Act 1996 and any criminal court proceedings arising from this
- 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 where this is not within a school setting (such as elective home education or other independent providers).
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).
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
Processing is necessary:
- for compliance with a legal obligation
- to protect the vital interests of a data subject or another person
- for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The legal basis for processing special category data
Processing is necessary for:
- carrying out obligations under social protection law
- the establishment, exercise or defence of legal claims or where the courts are acting in their judicial capacity
- 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 them 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).
- 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.
- 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 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.
How long we will keep your personal data
Personal data will not be retained for longer than necessary in relation to the purposes for which they were collected. The period of retention for education files is 50 years from the date of birth of the individual.