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Special Educational Needs and Disabilities Privacy Notice

Who are we and what do we do 

SEND is part of Gateshead Council. is part of Gateshead Council. We are based at the Civic Centre, Gateshead. We provide the following services:   

  • Gateshead's SEND team coordinate the assessment and annual review process in relation to Education, Health and Care plans (EHCP)  

This privacy notice provides specific information about how we process your personal data. It is an addition to the information contained in our Corporate Privacy Notice.   

What type of information is collected about you  

We collect personal information relating to children, young people, parents, Carers, and other family members. To process requests effectively and efficiently for EHCP assessment, the following information is collected and retained thereafter for the purposes of maintaining an EHCP and record retention schedules. Information may include: 

  • name 
  • address 
  • contact number  
  • date of birth 
  • email address  
  • gender 
  • educational information  
  • school / college 
  • health information  
  • images 
  • parent/carer details including mobile, email address, parent/carer advice about the needs of the child  
  • racial / ethnic origin  
  • NHS number 
  • URN number  
  • UKPR number  
  • genetic data 
  • Special Educational Needs  
  • social care information 

How we collect information about you  

We receive information through parental or School application for an EHCP assessment. Subsequently, we receive details of the child's educational, health and social care needs and requirements as requested from and provided by any involved professionals or agencies. This can include schools, other local authorities, health and social care providers and the Department for Education (DfE). 

Why we need your information  

We use 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  

Our purpose for collecting your personal data is to meet statutory obligations set out in law and the lawful basis for our processing is: Legal obligation to which the data controller is subject to (the Children and Families Act 2014, SEND Code of Practice 2015 (CoP) and the Equality Act 2010). 

Our lawful basis for processing of sensitive personal data is:    

  • the Children and Families Act 2014 
  • SEND Code of Practice 2015 (CoP)  
  • the Equality Act 2010 

Who your information can be shared with   

Our Corporate Privacy notice explains information sharing the Council carries out. This sharing fulfils statutory obligations, legal requirements and service delivery. Special Education Needs and Disabilities Service can share your information with:   

  • any health, education or social care department or service either internal or external  
  • the local authority for the purposes of understanding the special educational needs of an individuals 

We may share with the following organisations depending on the agencies involved with your case: 

  • internal Council departments 
  • 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) 
  • all early years' providers in the maintained, private, voluntary and independent sectors that are funded by the local authority  
  • Clinical Commissioning Groups (CCGs)  
  • independent schools and independent specialist providers approved under Section 41 of the Children and Families Act 2014  
  • the first-tier tribunal (SEN and disability)  
  • the management committees of pupil referral units 
  • the National Health Service commissioning board 
  • youth offending teams and relevant youth custodial establishments  
  • other third-party organisations, as allowed by law 
  • other partner agencies that provide services on our behalf 

Our lawful basis for this sharing is public interest, legitimate interest or  legal obligation under the Children and Families Act 2014 and your consent is not required.  

Local Authorities are required to pass on some information (not the names of individual children) to the Department for Education (DfE). DfE may use this information to help with: 

  • their policy development 
  • local authority performance management and funding 
  • the development of good practice 

Partner services (internal/external) are also provided with information to expand their understanding of the needs of children living in Gateshead, to influence the commissioning, and development of related services. 

For more information about how the Department for Education store and use this data, visit the website.    

If we wish to share your information with other council services or third parties for purposes outside of those listed above, we will ask for your permission. 

How long we will keep your information  

We keep your information for as long as we need to provide services to you. We may also need to keep your information in accordance with legal or other obligations. Where we have no need to keep your data it will be securely destroyed. We keep a Record of Processing Activity (a requirement under the GDPR). This sets out the specific retention periods applicable in different circumstances. For more information, please contact   

Where your information is held 

Your information is held in secure electronic filing systems and Management Information Systems known as a client database. Such systems and domains can only be accessed through authorised use including password protection and access restrictions, on the organisation's protected electronic systems. 

How you can update your information  

Our delivery of efficient services depends on the accuracy of your information. 

Please inform us of any changes to the following: 

  • email address 
  • personal circumstances 
  • postal address 
  • any of the other information we hold 

Please contact:    

Your information rights  

Please see the relevant section of our Corporate privacy notice

Marketing and e-newsletters 

Gateshead Council always acts upon your choices around what type of communications you want to receive and how you want to receive them. Where you have signed up for one of our newsletters, we use email newsletters to inform you of what we're doing, news and events. This includes the Gateshead SEND newsletter and Gateshead Local Offer SEND.For further information please see our email marketing privacy notice.   

Business intelligence, profiling and automated-decision making  

Please see the relevant section of our Corporate privacy notice.  

Protecting your information  

Please see the relevant section of our Corporate privacy notice.   

Data Protection Officer  

Data Protection Officer  

Civic Centre  

Regent Street  


NE8 1HH  

0191 433 3000  

Information Commissioner's Office  

The Information Commissioner is the UK's independent body for upholding information rights. Visit their website to find out more about your rights under Data Protection law, and what to expect from us. 

For privacy practices or data protection rights concerns, contact the Information Commissioner's Office:  

Information Commissioner's Office 

Wycliffe House

Water Lane


Cheshire SK9 5AF  

0303 123 1113 or 01625 545 745