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Special Educational Needs and Disabilities privacy notice

Who we are and we do

Gateshead's SEN (Special Educational Needs and Disabilities) Team co-ordinate the assessment and annual review processes in relation to Education, Health and Care Plans (EHCP).

Why we need your information and how we use it (purpose and legal basis)

We collect and process personal data on a lawful basis (Children and Families Act 2014 and the Equality Act 2010).

We collect and hold personal information relating to children, young people, parents, carers and other family members; we may also receive information from schools, other local authorities, health and social care providers and the Department for Education (DfE).

We use this personal data specifically to:

  • provide you or your child with appropriate services
  • measure whether our services are improving provision for children with SEND
  • help us develop and improve our services
  • complete statistical returns to Government departments

Local Authorities are required to pass on some information (but not the names of individual children) to the Department for Education (DfE) who use it to help with their policy development, Local Authority performance management and funding, and to assist with the development of good practice. Partner services (internal / external) are also provided with information to assist them with understanding the needs of children living in Gateshead and this is used for the planning, commissioning and development of related services.

What type of information is collected from you

In order to effectively and efficiently process requests for EHCP assessment, the following information is collected:

  • name
  • address
  • date of birth
  • gender of child
  • email address
  • contact number
  • details of special educational needs and/or disabilities
  • educational provision
  • medical information
  • details of parent/carer including mobile, email address, parent/carer advice about the needs of the child
  • additional information in support of request which can include any detail from the applicant
  • details of the child's educational, health and social care needs and requirements

Who your information may be shared with (internally and externally)

Your data may be shared with the following:

  • internal Council departments
  • other local authorities (education, social care and relevant housing and employment and other services)
  • employees and governing bodies of schools, including non-maintained special schools
  • employees and governing bodies of further education colleges and sixth form colleges
  • employees and proprietors of academies (including free schools, university technical colleges and studio schools)
  • the management committees of pupil referral units
  • independent schools and independent specialist providers approved under Section 41 of the Children and Families Act 2014
  • all early years' providers in the maintained, private, voluntary and independent sectors that are funded by the local authority
  • the National Health Service Commissioning Board
  • Integrated care boards (ICBs)
  • NHS Trusts
  • NHS Foundation Trusts
  • Local Health Boards
  • Youth Offending Teams and relevant youth custodial establishments
  • the First-tier Tribunal (SEN and disability)
  • other third-party organisations, as allowed by law
  • other partner agencies that provide services on our behalf
  • agencies with whom we have a duty to co-operate, such as police

If you require more information about how the Department for Education store and use this data please visit the Gov.uk website (opens new window) .

To enable Gateshead Council to provide effective joined-up social care and/or health partners, we may share personal information.

You may decide you do not wish your personal information to be collected or shared, or may wish to set conditions on our use of it. In such cases we may not be able to provide the service you require, or may only be able to provide it in a limited way. We have a legal obligation to collect or use personal information to comply with the Local Authorities legal duties.

It is important you read this privacy when we are collecting or processing personal data about you. In doing so you can be fully aware of how and why we are using your data.

We do not pass personal data to third parties for marketing, sales or any other commercial purposes.

How long we keep your information

Personal data will not be retained for longer than necessary in relation to the purposes for which they were collected. For those with Special Educational Needs and/or disabilities, data will be retained until the person reaches the age of 25.

Your information we use for marketing purposes will be kept with us until you notify us that you no longer wish to receive this information.

Marketing and E-Newsletters

Please see the relevant section of the Corporate privacy notice.

Business Intelligence, Profiling and Automated-Decision making 

Please see the relevant section of the Corporate privacy notice.

Protecting your information 

Please see the relevant section of the Corporate privacy notice.

How you can access, update or correct your information

The Data Protection law gives you the right to apply for a copy of information about yourself. This is called a 'Subject Access Request'. Find out how to make a Subject Access Request.

The accuracy of your information is important to us to be able to provide relevant services more quickly. We are working to make our record keeping more efficient. In the meantime, if you change your address or email address, or if any of your circumstances change or any of the other information we hold is inaccurate or out of date, please email senteam@gateshead.gov.uk or write to us at:

SEND Team, Care, Wellbeing and Learning, Gateshead Civic Centre, Gateshead, Tyne and Wear, NE8 1HH

Your information choice and rights

Please see the relevant section of the Corporate privacy notice.

Information Commissioner's Office

The Information Commissioner is the UK's independent body set up to uphold information rights.

If you would like to know more about your rights under the Data Protection law, and what you should expect from us, visit the Information Commissioner's Office website.

If you have any concerns regarding our privacy practices or about exercising your Data Protection rights, you may contact the Information Commissioner's Office:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
0303 123 1113 or 01625 545 745 
casework@ico.org.uk

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