PN057 - Statutory Assessment Privacy Notice

Torfaen County Borough Council is committed to protecting your privacy when you use our services. This Privacy Notice is designed to give you information about the data we hold about you, how we use it, your rights in relation to it and the safeguards in place to protect it.

TCBC Service Area: Education
Work area: Additional Learning Needs (ALN)
Contact Details: Donna Lewis
Privacy Notice Name: Statutory Assessment/IDPs

Data Controller: Torfaen County Borough Council, c/o Civic Centre, Pontypool, NP4 6YB

If you wish to raise a concern about the handling of your personal data, please contact the Data Protection Officer using the details below.

Data Protection Officer: Susan Bullock - 01633 647467 - Email: dpa@torfaen.gov.uk

Statutory Assessment/Individual Development plan (IDP) is a multiagency assessment and requires information to be collected from key agencies (health and social care) and may include other agencies involved as indicated by the client by consent.

Who provides your data to the Council?

The personal information we process is provided to us directly by you when a parent/person with parental responsibility requests statutory assessment /IDP.e a decision on an appropriate education placement for the pupil.

AND

We receive personal information indirectly from schools and other agencies. This will be when schools or other agencies have requested assessment with parental consent.

How does the Council collect this information?

  • Professional Reports
  • Statutory assessment appendices forms
  • Person Centred Planning meetings
  • School Files
  • Parental information via email/letter/telephone

What information does the Council collect about you?

The ALN Team collects:

  • Name
  • Date of Birth
  • Address
  • Parent’s names
  • Parents address and telephone number
  • School name
  • Education Information
  • Looked After Status
  • Disability/additional needs information
  • Attendance data
  • Attainment data
  • Exclusion data
  • Ethnicity
  • Religion
  • Other agencies involved
  • Health information
  • Social care information
  • Gender
  • Information relevant to the case

Why does the Council process your personal data?

Under Article 6 of the UK General Data Protection Regulation (GDPR), the lawful basis we rely on for processing this information is;

(e) We need it to perform a public task.

Please note we may ask for consent to engage in the service, however, consent is not the legal basis we rely on under UK GDPR to process your personal data.

When we receive consent for a young person to be discussed for a specialist placement you give us consent to contact other agencies e.g. health /social care to gather information as part of the multiagency process.

Special categories of personal data:

We collect the following special category data:

  • personal data revealing racial or ethnic origin
  • personal data revealing religious or philosophical beliefs
  • data concerning health

We collect this under Article 9 of the UK GDPR.

We do not collect criminal data

Who has access to your data?

Your data is shared internally only with the appropriate staff where it is necessary for the performance of their roles.

Your data may also be shared externally with organisations that have provided information for the assessment. These may include, but not be limited to:

  • Health
  • Social Care
  • Schools

Statutory assessment/IDP is a multiagency assessment and requires information to be collected from key agencies (Health and Social Care) and may include other agencies involved as indicated to the client when requesting consent.

Careers Wales is responsible for the delivery of the transition plan and are required under the Special Educational Needs Code of Practice for Wales to ensure that all young people identified as SEN from year 9 will receive their services as detailed in the code of practice.

Apart from where previously stated, we do not pass your details to third parties unless we are lawfully required do so.

Is the Data transferred out of the UK?

No

How does the Council keep your data secure?

The Council has internal policies in place to ensure the data it processes is not lost, accidentally destroyed, misused or disclosed. Access to this data is restricted in accordance with the Council’s internal policies and in compliance with the UK GDPR.

Data will be stored securely in:

  • Secure pupil files on the Council’s education directory on a secure drive
  • Via the Capita ONE secure database

How long does the Council keep your data?

The Council will hold your personal data only for the period that is necessary and will follow organisational and Local Authority standards in this area. At the end of the retention period the Council will securely destroy or dispose of the data in line with retention schedules.

  • The ALN service retain records in line with the council policy of 35 years from the closure of the records

Are we making automated decisions/profiling with your data?

No

Your rights

You have a number of Rights you can exercise:

  • Access - to obtain a copy of your data on request
  • Rectification – to require the Council to change incorrect or incomplete data
  • Object, Restrict or Delete - under certain circumstances you can require the Council to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing
  • Data portability – to receive and/or transmit data provided to the Council to other organisations (this applies in limited circumstances))
  • Withdraw your consent at any time (where consent has been given)
  • To know the consequences of failing to provide data to the Council
  • To know the existence of any Automated Decision-making, including profiling, and the consequences of this for you.
  • To lodge a complaint with a supervisory authority (Information Commissioners Office)

If you would like to exercise any of these rights, please contact Donna Lewis Senior ALN Manager donna.lewis@torfaen.gov.uk - 01495 766974

The Information Commissioner can be contacted at: The Information Commissioner’s Office (Wales), 2nd Floor, Churchill House, Churchill Way, Cardiff, CF10 2HH. Telephone 0330 414 6421 or e-mail Wales@ico.org.uk

Last Modified: 01/09/2022 Back to top