This privacy notice explains what personal information is collected, what it is used for and who it is provided to. The notice also describes why the Council requires your data, and the legal basis on which it does this.
This privacy notice relates to the Council’s Education Service (including SEND Statutory Assessment team, Education Casework Team, Travel Co-ordination Unit, Information Advice and Support, Short Breaks, Attendance, Admissions and place planning, School Governance, Education Safeguarding, NQT support, Youth support services). It provides additional information that specifically relates to this particular service, and should be read together with our general privacy notice, which provides more detail on the questions below.
What personal information does this service use?
The categories of personal information that we process includes:
- Personal identifiers and contacts (such as name, date of birth, unique pupil number, contact details and address)
- characteristics (such as languages spoken, country of birth, and free school meal eligibility)
- safeguarding information (such as court orders and professional involvement)
- special educational needs (including the needs and ranking)attendance (such as sessions attended, number of absences, absence reasons and any previous schools attended)
- assessment and attainment (such as key stage 1 and phonics results, post 16 courses enrolled for and any relevant results)
- behavioural information (such as exclusions and any relevant alternative provision placements put in place)
- education, training or employment status (including elective home education and children missing education).
- contact details of parents / carers
- contact details for key members of staff from schools and other education and training providers, and support agencies.
- HR information, including applications, references and vetting checks for school governors and contract and performance records for NQTs.
- Letters, notes and reports on the services and support you access from us.
- Financial information where required to provide services, e.g personal travel and short breaks budgets.
- Legally required information link to statutory processes (e.g. attendance orders)
The personal information our service use may include more sensitive information about you, known as special category information. We use the following types of information:
- additional needs (including physical, mental and educational needs)
- education details
- social care status
- criminal convictions
If you have lived in Manchester and/or attended or applied for a place in a Manchester school or education setting we will hold an education record about you. This is stored on an electronic system called The One System, and we may also hold some based paper based information about you.
What is your personal information used for?
The Council uses your personal data for the following reasons:
- to help us carry out functions for which we are responsible, such as:
- assessment of special educational needs and disabilities
- provision of specialist education support and outreach services.
- school admissions
- managing attendance
- access to education for excluded pupils and others unable to access education
- Supporting governors and NQTs
- monitoring safeguarding and school performance
- to comply with anything we are required to do by an outside body, in particular the Department of Education or Ofsted (our regulatory body). For example, this may include allowing an Ofsted inspector to visit our offices and review our records as part of an Ofsted inspection.
- to log and respond to any complaints you make about our services.
- in order to improve our service delivery, we may use personal information to create statistics which help us to see how our services are being used and how they should be funded. The statistics are anonymised, so that individual children and young people cannot be identified from them. Aggregated data derived from individual pupil records is also used to respond to Freedom of Information requests but, again, no individual pupils can be identified from any information provided
- To monitor our services and their impact - this may include receiving feedback.
- Provide information and details of events delivered, sponsored or commissioned by the Council.
- We are required to share information about our children and young people with the Department for Education under the Education Act 2011
- Youth Support Services share some of the information we collect to the Department for Education (DfE). We have a statutory duty to share this information with DfE as it is required to facilitate the school funding process and well as the educational attainment policy and monitoring. We have a statutory basis to do this under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013. This data sharing underpins school funding, educational attainment policy and monitoring and enables them to; produce statistics, assess our performance, determine the destinations of young people after they have left school or college and to evaluate Government funded programmes.
- We may also share information with post-16 education and training providers to secure appropriate support for them. We may also share data with education establishments which shows what their pupils go on to do after the age of 16.
What is the lawful basis we are relying on?
We will only use your personal data where it is necessary and we are under a legal obligation to do so (Art 6(1)(c) of the General Data Protection Regulation (‘GDPR’)), or where it is necessary in order to perform our public tasks and duties as a Local Authority (Art 6(1)(e) of the(GDPR)).
In some cases, we may be required to share your information where it is necessary to protect someone in an emergency (Art 6(1)(d) GDPR).
We will only use any special category personal data we hold where it is necessary and because there is a substantial public interest (such as to carry out our statutory functions, a legal duty, to ensure equality of access and opportunity, or for the prevention of crime) (Art 9(2)(g) GDPR), and where it is necessary to deliver social care services (Art 9(2)(h) GDPR).
We may also need to use special category data:
- where it is necessary to protect someone in an emergency (Art 9(2)(c) GDPR)
- where it is necessary for legal cases (Art 9(2)(f) GDPR)
- where it is necessary for employment purposes (Art 9(2)(b) GDPR)where it is necessary for archiving, research or statistical purposes ((Art 9(2)(j) GDPR)
We will only use criminal history information about you were this is necessary for reasons of substantial public interest (Data Protection Act 2018 - section 36, part 2, Schedule 1).
If we do not have one of the lawful reasons above for using or sharing your personal information applies, but we still think it is appropriate to do so (for example to refer you to a voluntary service), we will ask you for your consent to do so. (Art 9(2)(a) GDPR).
Where has your personal information come from?
Some of the personal information we hold will come directly from you when you contact us or use our services.
Children and young person’s data is essential for the local authority’s operational use. Whilst the majority of personal information you provide to us is mandatory, some of it is requested on a voluntary basis. In order to comply with the data protection legislation, we will inform you at the point of collection, whether you are required to provide certain personal information to us or if you have a choice in this.
In order to provide our services, or to comply with legal obligations, we may also request and receive information from other organisations and services, for example:
- Other departments within the Council
- Information from a school or education provider
- Other Local Authorities where you or your family have previously lived, who may hold personal information about you
- Information from your GP or NHS about your medical history
- Information from the police, rehabilitation services or youth offending services
- Information from Education Psychologists and other educational professionals
Who will we share your personal information with?
Your personal data may be shared securely to other departments within the Council, only where it is both necessary and appropriate to do so for the reasons given above.
In order to provide our services to you, we will need to securely share your personal to other organisations outside the Council. For example, we may share your data with:
- Schools and other education providers
- Government agencies (in particular the Department for Education - please see below)
- Commissioned Delivery Partners who are delivering services on our behalf
- Health Agencies
- Third Sector/Voluntary Agencies
- Other local authorities
- Courts of law
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 our children and young people with the Department for Education (DfE) for the purpose of those data collections, under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.
We do not share information about our children and young people with anyone without consent unless the law and our policies allow us to do so.
How long will we keep your information?
The Council has a ‘retention schedule’ which sets out how long we keep personal information for, listed service by service. We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any future legal, accounting, or reporting requirements. Please see our retention schedule.
Your personal information and your rights
To read about what rights you have regarding the personal information used for this service, please click the general privacy notice