Lancashire Inclusion Service (SEND)

In order to comply with the UK General Data Protection Regulation (UK GDPR), where personal data relating to a data subject is collected, Lancashire County Council would like to provide you with the following details.

Identity and Contact Details of the Data Controller

  • Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Contact Details of the Data Protection Officer

  • Our Data Protection Officer is Paul Bond. You can contact him at dpo@lancashire.gov.uk or Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Purposes for Processing

Lancashire Inclusion Service is responsible for:

  • carrying out statutory duties, policies and procedures relating to Part 3 of the Children and Families Act 2014 and associated regulations that relates to children and young people with special educational needs (SEN) and disabled children and young people;
  • social work duties under the Children and Families Act 2014 and associated regulations that relate to children with disabilities;
  • the provision of educational psychology services;
  • the provision of specialist teaching services that includes Portage, support in the early years and for children and young people with sensory impairment and a traded service.
  • carrying out the Education Health Care Plan (EHCP) Audit Programme with internal and external partners

We require information about you to help us to:

  • deliver services to support you/your child;
  • enable co-ordinated working with other teams and organisations;
  • carry out statutory duties for which we are responsible;
  • assess your/your child's needs to identify appropriate provision and specialist equipment
  • manage those services we provide you/your child;
  • help investigate any concerns or complaints you have about the support we provide;
  • evaluate the quality of services;
  • complete statistical returns to government departments.

We are required to pass on some information, but does not identify individual children, to the Department for Education (DfE) who use it to help with their policy development, performance management and funding, and to assist with the development of good practice.

Category of Personal Data being Processed

  1. Personal data (information relating to a living, identifiable individual)
  2. Special category personal data (racial, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation)

Legal Basis for Processing Personal Data

The legal basis for processing your personal data, in accordance with the UK GDPR is:

a. The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
c. Processing is necessary for compliance with a legal obligation to which the controller is subject (the law says we must do it);
e. 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 controller (the law gives us a power to do it but it is not an obligation).

The following legislation represents the basis in law for carrying out this personal data processing activity.

Children and Families Act 2014, SEND Regulations 2014, SEN (Personal Budget) Regulations 2014 and the 0-25 SEN Code of Practice 2014.

The Service also provides statutory duties for children with disabilities linked to the Children Act 1989, Chronically Sick and Disabled Persons Act 1970, Children (Leaving Care) Act 2000, Breaks for Carers Regulations 2000 and the National Health Service and Community Care Act 1990.

Legal Basis for Processing Special Categories of Personal Data

The legal basis for processing your special categories of personal data, in accordance with the UK GDPR is:

a. The data subject has given explicit consent to the processing of those personal data for one or more specified purposes;
g. The processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;
h. The processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member.

The following legislation represents the basis in law for carrying out this personal data processing activity.

Children and Families Act 2014, SEND Regulations 2014, SEN (Personal Budget) Regulations 2014 and the 0-25 SEN Code of Practice 2014.

The Service also provides statutory duties for children with disabilities linked to the Children Act 1989, Chronically Sick and Disabled Persons Act 1970, Children (Leaving Care) Act 2000, Breaks for Carers Regulations 2000 and the National Health Service and Community Care Act 1990.

Recipients of the Data

We may share personal data with:

  • internal departments, i.e. services/teams within LCC working to improve outcomes for children and young people;
  • schools, colleges and early years providers as well as wider education or training providers;
  • partner organisations where necessary, which may include NHS teams, health visitors, external providers of LCC Public Health services, midwives, district councils, housing providers, police, school nurses, doctors and mental health workers;
  • the First-tier Tribunal (Special Educational Needs and Disability);
  • the Department for Education;
  • a Court of Law;
  • other local authorities (education, social care or health provider and employment and other services).

Information we share

In the course of assessing SEND support and providing the most suitable educational provision, we collect the following personal information when you provide it to us.

  • Personal Data
    • name
    • address
    • contact details
    • date of birth
    • parent/carer name(s) and contact details
    • gender
    • NHS number
    • education information
    • health, social care or other services
    • your accommodation
    • reports relating to your situation e.g. safeguarding and other assessments
    • information such as from court/tribunal orders or judgments and professional involvement
  • Special category information
    • ethnicity
    • physical and/or mental health details
    • special educational needs
    • your medical history

Any Transfers to another Country

  • No

Retention Periods

Lancashire County Council will only store your information for as long as is legally required or in situations where there is no legal retention period they will follow established best practice.

Your Rights

You have certain rights under the UK General Data Protection Regulation (UK GDPR), these are the right:

  • to be informed via Privacy Notices such as this;
  • to withdraw your consent. If we are relying on your consent to process your data then you can remove this at any point;
  • of access to any personal information the council holds about yourself. To request a copy of this information you must make a subject access request in writing. You are entitled to receive a copy of your personal data within 1 calendar month of our receipt of your subject access request. If your request is complex then we can extend this period by a further two months, if we need to do this we will contact you. You can request a subject access request, either via a letter to Information Governance Team, address below;
  • of rectification, we must correct inaccurate or incomplete data within one month;
  • to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information;
  • to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future;
  • to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked;
  • to object. You can object to your personal data being used for profiling, direct marketing or research purposes;
  • in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to exercise any of these rights then you can do so by contacting:

Information Governance Team
Lancashire County Council
PO Box 78
County Hall
Preston
PR1 8XJ 

Or email: dpo@lancashire.gov.uk

To ensure that we can deal with your request as efficiently as possible you will need to include your current name and address, proof of identity (a copy of your driving licence, passport or two different utility bills that display your name and address), as much detail as possible regarding your request so that we can identify any information we may hold about you, this may include your previous name and address, date of birth and what council service you were involved with.

Further information

If you would like more information about this specific service then please contact Inclusion@lancashire.gov.uk.

For more information about how we use personal information see Lancashire County Council's full privacy notice.

If you wish to raise a complaint on how we have handled your personal data, you can contact the Information Governance team who will investigate the matter.

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ or email: dataprotection@lancashire.gov.uk

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO).