Early Years' Service

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 Early Years Service (part of LCC Education Improvement Service 0-11) is part of Lancashire County Council and provides services in the following areas:

Early Years
Schools and Education

The Early Years team supports early years and childcare providers to deliver childcare and early education. The team administers and supports with Government funded childcare places and plans funded places across Lancashire to meet the needs of parents and carers. This includes, but is not limited to; Improving outcomes in EYFS and quality of provision, our statutory sufficiency duty to ensure we have sufficient childcare places for 0-14 and 0-18 for children with SEND

We work closely with other children's services teams in LCC and with partner organisations to ensure we support the best possible outcomes for children, young people and families in the county.

Category of personal data being processed

Personal data (information relating to a living, identifiable individual)
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:

(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.

We collect and use your personal information in order to:

perform a Statutory Duty
to enable service delivery
to enable official reporting
management of funding and grants
ensure parents are aware of their early years funded entitlements

The additional legal bases that govern and direct the delivery of services is as follows:

Childcare Act 2006
The Childcare (General Childcare Register) Regulations 2008
Education and Skills Act 2008

The individual level data collection from schools and private, voluntary and independent (PVI) settings is a statutory requirement of providers and local authorities through regulations under Section 99 of the Childcare Act 2006 and The Education (Provision of Information About Young Children) (England) Regulations 2009 and the following statutory frameworks:

Statutory Framework for the early years foundation stage
Ofsted’s Early Years and childcare registration handbook
Early education and childcare: Statutory guidance for local authorities
Special Educational Needs and Disability (SEND) Code of Practice: 0 to 25 years
Disclosure and Barring Service DBS checks for childcare providers who register with Ofsted
Working Together to Safeguard Children
Keeping children safe in education Statutory guidance for schools and colleges

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:

Processing is necessary for reasons of substantial public interest.
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.

We collect and use your personal information in order to:

perform a Statutory Duty
to enable service delivery
to enable official reporting
management of funding and grants
ensure parents are aware of their early years funded entitlements

The additional legal bases that govern and direct the delivery of services is as follows:

Childcare Act 2006
The Childcare (General Childcare Register) Regulations 2008
Education and Skills Act 2008

Statutory Framework for the early years foundation stage
Ofsted’s Early Years and childcare registration handbook
Early education and childcare: Statutory guidance for local authorities
Special Educational Needs and Disability (SEND) Code of Practice: 0 to 25 years
Disclosure and Barring Service DBS checks for childcare providers who register with Ofsted
Working Together to Safeguard Children
Keeping children safe in education Statutory guidance for schools and colleges

Recipients of the data

Commissioned Service Delivery Partners. This includes:

Education Improvement Service
Universal LCC Services, including, the Children and Family Wellbeing Service
Health service providers, including NHS agencies (examples include GPs, hospitals, ambulance, health visitor, mental health services)

We may also share your information outside of LCC with the following organisations (this list is not exhaustive):

Childcare provider
Ofsted
Standards and Testing Agency
Other local authorities
Department for Education

Information we share

Personal information (such as name, address, date of birth, unique pupil number and address)
Characteristics (such as ethnicity, language, nationality, country of birth and free school meal eligibility)
Attendance information (such as sessions attended, number of absences and absence reasons
Assessment information
Any special educational needs and disabilities
Relevant medical/health information/assessments
Information regarding eligibility for free early education places for 2,3 & 4 year olds , early years pupil premium and Disability Access Funding.
Safeguarding and welfare

The information we collect will vary dependent upon the service we are delivering but we may collect the following (this list is not exhaustive):

personal information such as your name, address, contact details, date of birth
special category information such as disabilities
attendance at LCC provided training
assigned professionals or practitioner details
Child in Care status
current early years provider
Early Years Foundation Stage profile
Early years provider information history
Early years provider type
business address
National Insurance number
Early Years Pupil Premium details
HMRC 30 hour reference number
2 year old eligibility reference number
SEND details
attendance information
payment processing information, including provider bank details

Any transfers to another country

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.

File type	Description	Security	Retention period
email	emails held in Outlook that haven't been exported or moved elsewhere.	encrypted used when emailing personal data to partners.	Retained in accordance with appropriate internal retention guidelines
Early Years Funding Provider	Information relating to provider funding	Personal data is held on secure systems maintained by Lancashire County Council, also stored on Synergy & Rdrive – restricted to Early Years' Service staff.	Personal information such as name and contact details of the registered provider will be kept all the time the setting is open, and for 7 years after the setting closes or the manager changes
Early Years Funded Children	Records of children that have taken up an early years funded place including records of families that have applied for a 2 year old place but have not yet accessed it	Personal data is held on secure systems maintained by Lancashire County Council, also stored on Synergy & Rdrive – restricted to Early Years' Service staff.	From the child /young person’s date of birth until they reach the age of 25
Compliance notes and notes of visits	Notes and actions relating to visits to providers by the Early Years' Service as part of service delivery or compliance audits	Personal data is held on secure systems maintained by Lancashire County Council, also stored on Synergy & R Drive restricted to Early Years' Service staff	7 years from date of contact.
Eligible Funded Children Data from DfE	Data required to allow commissioned providers and delivery partners to assist LCC in meeting statutory duties	Personal data is held on secure systems maintained by Lancashire County Council, also stored on Synergy & Rdrive – restricted to Early Years' Service staff	8 weeks from receipt of information to LCC, then securely destroyed.
Document - summative data	Word, Excel, Annual report, Improvement Plans, reports-for SLT, Ofsted, Cabinet officers	Personal data is held on secure systems maintained by Lancashire County Council, also stored on R drive – restricted to Early Years' Service staff	Retain for 5 years to inform annual reports. Permanent retention of Annual Reports to Lancashire Archives.

How we store your information

Your information is securely stored on the council’s systems in electronic format. The Council’s servers are based in the UK

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 project then please contact lancsfis@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).