Specialist Inclusion Team (SEND) - privacy notice

Calderdale Metropolitan Borough Council of Town Hall, Crossley Street, Halifax, HX1 1UJ is registered with the Information Commissioners Office (ICO) under the provision of the Data Protection Act 2018. The Council takes its responsibilities as Data Controller under the Data Protection Act and UK GDPR very seriously.

This privacy notice explains how your personal information will be processed if you receive support from Calderdale Council’s Specialist Inclusion and SEND team and/or choose to be included on the Disabled Children’s Register.

Types of information we will collect

This will be collected about your child from you or other organisations, such as NHS, schools and early years providers:

• Name, address and date of birth.
• Parent's/carer's name(s) and contact details (phone number(s) and email address).
• Gender.
• Ethnicity.
• Religion.
• Home/first language and any interpretation needs.
• Sibling details.
• Referrer details.
• Details of any Children's social care involvement.
• Special Educational Needs information and the type of support required.
• Medical condition or diagnosis.
• Early years provider/Educational setting and attendance details.
• Any applicable funding details.
• NHS Number.
• UPN/Capita number.
• Health professional details and agencies involved.
• Details of relevant medical information and assessments.
• Child's history, achievements and aspirations.
• Photos and/or videos if consented to.

Why we collect and hold this information

The personal data you provide will be used to:

• Enable referrals to be made for support from the Specialist Inclusion Teams.
• Understand what help is needed and provide the child or young person with the appropriate co-ordinated approach to their individual needs.
• To put a SEND support plan in place in line with the SEND Code of Practice (DfE, 2015), assess a child’s strengths and needs and develop an Outcomes Plan where progress can be monitored through Individual Learning & Development Plans (ILDP).
• Contact you to keep you informed of relevant information.
• Obtain feedback to help us to understand the effectiveness of the service and to develop and improve future services.
• Administer and protect public funds.
• We occasionally use photographs and videos of pupils for training purposes or as evidence of progress (with parent/carer permission).
• We maintain a Disabled Children's Register (all local authorities must keep one under the Children’s Act 1989). The Register is a database of children and young people aged 0-25 years with disabilities or special educational needs. It is a voluntary register only contains the information that you as an individual or as a parent or carer give us. The register helps us plan services for disabled children and young people.
• We maintain the Special Educational Needs and Disabilities (SEND) Early Identification and Notification Form (Section 23). We have this as Integrated Care Boards (ICB), NHS Trusts and NHS Foundation Trusts must inform the appropriate Local Authority (LA) if they identify a child under compulsory school age as having or probably having a disability or special educational needs. (This is Section 23 of the Children and Families Act 2014). We have this so the LA is aware of preschool children who are likely to have specialist educational needs and disabilities so we can support with planning of services for families.

Sharing your personal data

We will share your personal data with a software company called Agilisys. They process information from partners to draft Education, Health and Care Plans.

We also share information with multi-agency partners (such as health, social care, educational settings and voluntary services) for the purpose of working as a team around the child or for strategic planning. These include:

• South-West Yorkshire Partnership NHS Foundation Trust.
• West Yorkshire Integrated Care Board (WYICB) – Calderdale Cares Partnership.
• Calderdale and Huddersfield NHS Foundation Trust.
• Locala (community healthcare provider).
• SEN Panel members.

We share anonymised information when completing annual surveys for organisations including the National Deaf Children’s Society, Royal National Institute of Blind People and the National Portage Association.

Anonymised data will be shared with our partners in health and social care so that we can work together in the planning and delivery of local services for families in Calderdale.

We only share information where necessary to help provide the services you have asked for or where we have a lawful basis to do so.

The lawful basis to process your data

• Article 6(1)(a) and 9(2)(a). Your explicit consent (for personal information given for inclusion on the Disabled Children’s Register).
• Article 6(1)(c). For compliance with a legal obligation to which the controller is subject. This includes the Children and Families Act (2014), SEND Code of Practice (2015) and Equality Act 2010.
• Article 6(1)(e). For the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
• Article 9(2)(b). To comply with employment, social security and social protection law; Article 9(2)(g) Reasons of substantial public interest and Schedule 1, part 2 of the Data Protection Act; Article 9(2)(h) – Health or Social care and Schedule 1, part 1 of the Data Protection Act 2018.

Retaining your personal information

Personal information will be kept for 35 years from the Child’s date of birth, at which point your data will be securely destroyed.

Information held on the Disabled Children’s Register will automatically be removed once a person reaches 25 years of age unless you choose to be removed earlier. To do this please email: local.offer@calderdale.gov.uk.

Your rights

The GDPR provides the following rights for individuals. Not all rights are absolute and therefore will only apply in certain circumstances:

1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to data portability
7. The right to object
8. Rights in relation to automated decision making and profiling.

If you feel that your data has not been handled in accordance with the law, you also have the right to complain to the Data Protection Officer, email: information.management@calderdale.gov.uk.

You also have the right to lodge a complaint with the Information Commissioner’s Office.

For further information on how we use your data please contact cyps.sis@calderdale.gov.uk.