Access to Education Entitlements

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.

Contact details of Access to Education Entitlements

For specific enquiries relating to the Access to Education Entitlements please direct these to ECSPupilAccess.Central@lancashire.gov.uk.

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

Admissions and related functions

  • Co-ordination of school admissions on behalf of the Department of Education (DfE) in accordance with the School Admissions Code which is the statutory Code of Practice.
  • On behalf of Lancashire County Council (LCC), we are the admission authority for community and voluntary controlled schools. (For all other schools the Governing Body is the admissions authority. This includes Voluntary Aided Schools, Voluntary Controlled Schools, Foundation Schools, and Academies).
  • We also deal with Home to School Transport; Free School Meals; Welfare Benefits; Exclusions and Appeals.

School attendance

  • Deliver support, advice and guidance to schools in line with statutory guidance to promote good school attendance.
  • Rigorously track attendance data to devise a strategic approach to attendance.
  • Undertake legal interventions in respect of school non-attendance, including the issuing of penalty notices, conducting prosecutions in the Magistrates' court and hearings in the Family Court in relation to Education Supervision Orders.

Children missing education

  • Make arrangements to establish the identities of children in their area who are not registered pupils at a school and are not receiving suitable education otherwise.
  • Track children who are identified as Children Missing Education into education.
  • Undertake legal interventions in respect of Children Missing Education, including the issuing of School Attendance Orders, conducting prosecutions in the Magistrates' court and hearings in the Family Court in relation to Education Supervision Orders.

Why the information stored and how is it used?

Lancashire County Council collects and processes personal data relating to children and families who have requested our assistance with a service or where Lancashire County Council have a statutory duty to provide specific services or support to individuals. The information given will assist us to provide the service requested and analyse, review and improve our policies, service provision and effectiveness.

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) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.

(c) Legal Obligation: the processing is necessary for you to comply with the law. You must reference the applicable legislation if you wish to rely on this basis for processing.

(e) Public Task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law. You must reference the applicable task/function and its' basis in law if you wish to rely on this basis for processing.

Lancashire County Council relies on UK GDPR Article 6 (1) (c) Legal Obligation or (e) Public Task it does so by virtue of the legislation defined on appendix 1.

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:

Chapter 2, Article 9

(g) Processing is necessary for reasons of substantial public interest.

UK GDPR Article 9 (2) (g) Substantial Public Interest is relied on by virtue of the Data Protection Act 2018 Schedule 1 Part 2 (6) Statutory etc and government purposes.

(h) 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.

Lancashire County Council relies on UK GDPR Article 9 (2) (h) it does so by virtue of the legislation defined on the following page:

Relevant legislation that supports Access to Education Entitlements processing, see appendix 1.

Recipients of the data

The information will be shared with schools and will be made available to them through the Schools' Portal, on Excel spreadsheets from our education management system. The current system is Impulse, a new system has recently been procured by Lancashire County Council. More details will be shared when available. The new system is called Synergy and will be provided by Access. This system will be used to collect and share information once in use.

Information we share

Access to Education Entitlements collects the following information in order to manage and facilitate the service.

  • Child's name
  • Child's date of birth
  • Child's contact number
  • Child's address
  • Child's email
  • Child's gender
  • Child's current school
  • Previous school
  • Parent/guardian name
  • Parent/guardian contact number
  • Parent/guardian address
  • Parent/guardian email
  • Parent/guardian date of birth
  • Parent/guardian relationship to child
  • Council tax area
  • Details of siblings at current school
  • Known to an education psychologist
  • Special Educational Need and Disability
  • Known to Child and Youth Justice Services
  • Known to a local authority
  • Adoption status
  • Social care status
  • Social worker data
  • Fostering arrangement
  • School attendance information
  • Open to or previously open to early help services

Any transfers to another country

  • Yes, due to the use of the Granicus which is the platform used by LCC eforms.

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.

For details of the retention periods for the data that we hold, please see the table at appendix 2.

Your rights

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

  • 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 or via an email 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

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 concerning Access to Education Entitlements processes, email

ECSPupilAccess.Central@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).