Break Time services

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 County Council has a responsibility to provide a range of Short Breaks Services designed to assist individuals who provide care for children with disabilities to enable them to continue to do so, or to do so more effectively by giving them breaks from their caring role.

Short breaks give families a rest from caring and give children and young people with SEND the chance to meet other people and have fun in a safe, friendly environment. Short breaks also give parents and carers a chance to have a break from their caring responsibilities. 

Lancashire County Council commission a range of targeted short break services these are called Break Time formerly known as Lancashire Break Time (LBT).  

Break Time are specialist short break activities which provide a range of activities and groups for children and young people with special educational needs and/or disabilities who meet the criteria to attend and who do not receive short breaks following a social care assessment of need. These may be provided in the daytime, evenings, weekends, after school and during school holidays.

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:

  • provide appropriate support and care for your child/young person
  • deliver services to support your child/young person and family
  • evaluate your child/young person's needs to be able to make a decision about whether they are eligible for Break Time provision.
  • manage and monitor Break Time services that are provided to your child/young person
  • target services to specific areas where they are needed for you and your child
  • evaluate the quality of Break Time services
  • inform future service provision and the commissioning of Break Time services

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's Act 1989, Children Act 2004, Breaks for Carers of Disabled Children Regulations 2011, Chronically Sick and Disabled Person's Act 1970, Equality Act 2010, The Children and Families Act 2014.

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:

(g) processing is necessary for reasons of substantial public interest, on the basis of domestic 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;

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

Data Protection Act (2018) Schedule 1 Part 2 (8) Equality of opportunity or treatment, Children's Act (1989), Breaks for Carers of Disabled Children Regulations 2011, Chronically Sick and Disabled Person's Act 1970, Equality Act 2010, Children Act 2004, Children Act 2014

Recipients of the data

We may share personal data with:

  • internal departments, such as services/teams within Lancashire County Council Children's Social Care working to improve outcomes for children and young people
  • partner organisations where necessary, which may include Break Time Service such as schools and Service Providers who have been awarded a contract to deliver Break Time services

Personal Data:

In the course of registering for Break Time services we collect the following personal information when you provide it to us.

  • Full name of child/young person
  • Address including postcode child/young person
  • Address (if different) including postcode of a parent(s)/carer(s)
  • Date of birth of child/young person
  • Gender
  • Parent/carer name(s) and contact details
  • Education information (Name of school)
  • Contact information – telephone number(s)/ email address(es)
  • Ethnicity
  • SEND type

Information we share:

  • Full name of child/young person
  • Date of birth of child/young person
  • District where the child/young person lives
  • The Break Time Membership number

Any transfers to another country

The Break Time Service utilises a secure e-form system that is hosted on Amazon Web Services servers based in Europe.

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 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 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).