Privacy Notices - SEND Portal Privacy Notice

The SEND Portal is an online portal which allows users to input and view information and allows the SEND Service to collects and processes personal data relating to statutory processes around a child or young person’s Education, Health and Care Plan.

We are committed to being transparent about how we collect and use that data and meeting our data protection obligations.

A Privacy Notice is a statement issued by an organisation which explains how personal and confidential data about individuals is collected, used and shared.

Swindon Borough Council is the data controller and remains responsible for disposing of data in a lawful way. The data controller decides how your personal data is processed and for what purposes.

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of data is governed by the General Data Protection Regulation 2016/679 (the “GDPR”).

Data collected about the child or young person:

• Name, date of birth, birth and current gender (were appropriate), address
• Details of special educational needs, details of medical needs, details of social and educational needs, details of educational progress

Data collected a young person making their own application (16-25 years old):

• Name, date of birth, birth and current gender (were appropriate), address, telephone number, email address
• Details of special educational needs, details of medical needs, details of social and educational needs, details of educational progress

Data collected about the person making the application if they are not the child or young person:

• Name, address, telephone number, email address and relationship to child or young person

Swindon Borough Council complies with its obligations under the GDPR. This means it keeps personal data up to date; stores and destroys it securely; does not collect or retain excessive amounts of data; protects it from loss, misuse, unauthorized access and disclosure; ensures that appropriate technical measures are in place to protect it.

The SEND Service will use information for a variety of reasons:

• To process applications for Statutory Assessment
• To oversee Statutory Assessments of SEND
• To manage the Annual Review process
• To contact you about your application by post, telephone or e-mail
• For fraud prevention
• For statistical analysis, evaluation and quality assurance to support local area strategic priorities
• To deliver services and support to you
• To manage those services we provide to you
• To train and manage the employment of our workers who deliver those services
• To help investigate any worries or complaints you have about your services
• To keep track of spending on services
• To check the quality of services
• To help with research and planning of new services

There are a number of legal, legitimate or lawful reasons why we need to collect and use your personal information.

We collect and use personal information in circumstances where:

• it is necessary to perform our statutory duties
• it is necessary to deliver health or social care services
• it is necessary for legal cases

The details of our statutory duties can be found in the Education Act (1996), Children and Family’s Act (2014) and the SEND Code of Practice (2014).

In accordance with article 6 of the GDPR, data 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 data controller.

We will share your personal data outside of Swindon Borough Council with: paediatricians; health care professionals; education settings including early years providers, primary schools, secondary schools and post-16 education and training providers and other associated partner agencies during and at the conclusion of a Statutory Needs Assessment, when placing a child or young person at an education setting and during the Annual Review process.

We take the security of your personal data seriously. We have internal policies and controls in place to ensure that your personal data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.

Your data will be kept for 10 years after we cease a child or young people’s Education, Health or Care plan (or the age of 25 years if this occurs earlier than the 10 year point), otherwise six years after the year in which we receive your information. This is in accordance with the Borough Council Data Retention and Disposal policy and our statutory duties.

Unless subject to an exemption under GDPR, you have the following rights with respect to your personal data:

• The right to request a copy of your personal data which Swindon Borough Council holds about you
• The right to request that Swindon Borough Council corrects any personal data if it is found to be inaccurate or out of date
• The right to request that your personal data is erased where it is no longer necessary for Swindon Borough Council to retain it
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing
• The right to object to the processing of personal data
• The right to lodge a complaint with the Information Commissioners Office

For further details on how your information is used, how we maintain the security of your information, and your rights to access information we hold on you please contact dataprotection@swindon.gov.uk or contact the Data Protection Officer at:

Swindon Borough Council
Civic Offices
Euclid Street
Swindon
SN1 2JH

If you do not provide the data requested, then we will be unable to progress and make decisions on your application for Statutory Assessment or fulfil our statutory obligations under the SEND Code of Practice.

Information collected via the SEND Portal could be subject to inspection and audit by Ofsted and the CQC.

You are viewing the Privacy Notice for the SEND Portal.

Read the main Privacy Notice