Privacy Notice - Doncaster SENDIAS

This Privacy Notice sets out what you need to know about how Doncaster Council will use your information in relation to your enquiry to Doncaster Special Educational Needs and Disability Information, Advice and Support (SENDIAS). The Council is committed to meeting its data protection obligations and handling your information securely. You should make sure you read and understand this notice before submitting your information to us.

 

What information about you do we collect?

For the processing to which this notice relates to be carried out we use the following information: personal information – such as:
  • your name, address, date of birth, telephone number, email address and school attended
  • special category personal information – such as: your ethnicity, information about your or your child’s disability, physical and mental health

How do we collect information about you?

We collect your information from you directly (e.g. by asking you to complete a form (this may be digital (on-line) or a paper copy), or when you telephone our dedicated SENDIAS Officers or other members of the team.

How will your information be used?

  • To inform the on-going casework we complete with you
  • To have an accurate on-going record of your enquiry
  • To provide face to face and on the phone support and advice
  • To carry out regular service monitoring and improvement
  • To analyse our services and their demographic reach
  • Identify and build up anonymous statistics about things that parents/carers, children and young people in general are concerned about and the difficulties you are facing
  • To discuss your child or young person with the local authority (LA), the voluntary sector, outside agencies or education settings staff, regarding your case work enquiry.
  • To assist with complaints and dispute resolution

The Legal Basis for using your information

Doncaster SENDIAS is a statutory service that offers impartial information, advice and support to families of children and young people with special educational needs or disabilities.  We use your information to offer a bespoke service in relation to the provision of information, support and advice relating to all matters concerning SEND.

The table below sets out the legal basis for each of the activities that this Privacy Notice covers:


Personal Data Activity

Legal basis - GDPR Article 6

S8 DPA (delete as appropriate)

UK Legislation

Collecting personal information to provide impartial information, advice and support to families of children and young people with special educational needs or disabilities

(1)(c) to do so is necessary because of a legal obligation that applies to the Council

 

Children and Families Act 2014 (Part 3) local authorities must have regard to the importance of providing children and their parents and young people with the information and support necessary to participate in decisions.

Collecting personal information to provide impartial information, advice and support to families of children and young people with special educational needs or disabilities

(1)(e) to do so is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority [you must state the function and what legislation applies for this condition or for which the applicable legislation is too numerous to list here]

(a) the administration of justice,

(b) the exercise of a function of either House of Parliament,

(c) the exercise of a function conferred on a person by an enactment or rule of law,

(d) the  exercise  of  a  function  of  the  Crown,  a  Minister  of  the  Crown  or  a

government department, or

(e) an activity that supports or promotes democratic engagement.

The Special Educational Needs Code of Practice 0-25 years (2014) 2.1 states that the “LA must arrange for children with SEN or disabilities for whom they are responsible, and their parents, and young people with SEN or disability for whom they are responsible, to be provided with information and advice about matters relating to their SEN or disability, including matters relating to health and social care

Special Category Data Activity

Legal basis - GDPR Article 9

DPA 2018 condition

Other considerations

Collecting special category information to provide impartial information, advice and support to families of children and young people with special educational needs or disabilities

(2)(h) processing is necessary for the purposes of preventive or occupational medicine, for

the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social

care systems and services.

Part 1 of schedule 1

Children and Families Act 2014 (Part 3) local authorities must have regard to the importance of providing children and their parents and young people with the information and support necessary to participate in decisions.

 

The Special Educational Needs Code of Practice 0-25 years (2014) 2.1 states that the “LA must arrange for children with SEN or disabilities for whom they are responsible, and their parents, and young people with SEN or disability for whom they are responsible, to be provided with information and advice about matters relating to their SEN or disability, including matters relating to health and social care

Who will your information be shared with?

We sometimes need to share your information within the Council or with other organisations.  We will only share your information when necessary and when the law allows us to, and we will only share the minimum information we need to.  For the purpose of planning, monitoring and supporting your case.  We may need to discuss your case or share your information with:
  • Other Doncaster Council services and teams including the SEN, Short Breaks, ASCETS Educational Psychology Commissioning Team or colleagues in the Health Service.
In certain cases we may also share your information with other individuals and organisations.  For example, if you make a complaint to your Councillor, or if the sharing would help with a safeguarding issue, or help prevent a crime. Sometimes, we might share your information without your knowledge.

The Council will never sell your information to anyone else.

How long will we keep your information?

A maximum of 7 years from the last date of last contact. After this we will securely delete the information.

Your rights

The law gives you specific rights over your information.  These rights are:
  • to be informed of our use of information about you;
  • of access to information about you; rectify information about you that is inaccurate;
  • to have your information erased (the ‘right to be forgotten’);
  • to restrict how we use information about you;
  • to move your information to a new service provider;
  • to object to how we use information about you;
  • not to have decisions made about you on the basis of automated decision making; to object to direct marketing; and,
  • to complain about anything the Council does with your information (please see the ‘Complaints’ section below).
Some of the rights listed above apply only in certain situations, and some have a limited effect. Your rights are explained further in the Individuals’ Rights Procedure on our website, as is how to make a request under one or more of them.  You can request information about yourself by making a subject access request on this page of the Council’s website.

Changes to this privacy notice

This notice is kept under regular review to make sure it is up to date and accurate.

Data Protection Officer (DPO)

The Council is required by law to have a DPO. The DPO has a number of duties, including:
  • monitoring the Council’s compliance with data protection law;
  • providing expert advice and guidance on data protection;
  • acting as the point of contact for data subjects; and,
  • co-operating and consulting with the Information Commissioner’s Office (see ‘Complaints’ below).
The Council’s Data Protection Officer can be contacted by email at information.governance@doncaster.gov.uk 

Complaints

If you are unhappy with the way in which your information has been handled you should contact the Council’s Data Protection Officer so that we can try and put things right.  Alternatively, and if we have been unable to resolve your complaint, you can also refer the matter to the Information Commissioner’s Office (ICO).  The ICO is the UK's independent body set up to uphold information rights, and they can investigate and adjudicate on any data protection related concerns you raise with them. They can be contacted via the methods below:

Website: www.ico.org.uk

Telephone: 0303 123 1113

Post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Related information

Doncaster SENDIAS

Last updated: 28 February 2019 17:17:27