PN059 - Specialist Placement 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: Children and Family Services
Work area: Inclusion/Additional Learning Needs (ALN)
Contact Details: Donna Lewis
Privacy Notice Name: ALN – Specialist Placement Panel and Out of County specialist placements

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 on 01495 762200 or email dpa@torfaen.gov.uk

We receive and process data when we receive a request from a school which has gained parental consent for a pupil to be discussed for a specialist education placement.

Who provides your data to the Council?

We receive personal information indirectly from schools and outside agencies (Health /Social care) involved with the young person to enable the panel to make a decision on an appropriate education placement for the pupil.

A person with parental responsibility has to give consent for a young person to be discussed for a specialist education placement.

How does the Council collect this information?

ALN files from school
Reports from professionals

What information does the Council collect about you?

The ALN Team collects:

Name
Date of Birth
National curriculum year
Age
Address
Parent’s names
Parents address and telephone number
School/provision name
Education Information
Looked After Status
Disability/additional needs information
Attendance data
Attainment data
Exclusion data
Other agencies involved
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.

Information is only shared with 3rd parties, e.g. independent schools, with the consent of the parent if an education placement outside of Torfaen is required, and with external agencies such as non-maintained childcare settings, in instances where their expertise in early years would be helpful.

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?

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?

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: 04/10/2023 Back to top