Educational psychology service privacy notice
Published: 27 April 2021
Our contact details
Name: Data Protection Officer
Address: Time Square, Market Street, Bracknell, RG12 1JD
Phone Number: 01344 352000
The type of personal information we collect
We currently collect and process the following information in relation to children and young people aged 0 to 25 years, and parents and carers:
personal identifiers, contacts and characteristics such as:
- date of birth
- contact information
- telephone number
- email address
- educational establishment details
As well as personal information we may collect and share additional information known as ‘special categories of personal data’ including:
- professional reports from child or family assessments
- school assessment data
- free school meal eligibility
- ethnic origin
- sexual orientation
- achievement data from educational psychology tasks
How we get the personal information and why we have it
Most of the personal information we process is provided to us directly by you for one of the following reasons:
- requests for support
- accessing services
- psychological assessment of need at early intervention, or at statutory phase as required by the Children and Families Act 2014 and the Special Needs and Disability Code of Practice: 0 to 25 years (2015)
We also receive personal information indirectly, from the following sources in the following scenarios:
- other professional reports from agencies such as social care, health providers, and education
- requests for service involvement, for example from schools, educational settings, other local authority services, other commissioned services, and health or social care professionals
We use the information that you have given us in order to:
- make sure we have the correct identifiers for the child or young person who is the focus of the work the service undertakes
- add to the details we know about the individual, to make sure the details are shared accurately and appropriately, and with parental permission
- use data to communicate and provide services appropriate to need
- to gather information to inform planning and service delivery
- to assist the council in responding to emergencies or major accident – this allows the council, along with other services, to identify those who may need additional support
How the law allows us to use your personal information
Under the Data Protection Act 2018, General Data Protection Regulation (GDPR), the lawful bases we rely on for processing this information are:
- the personal data of the children and young people and that of their parents or carers will be used to process any application for educational psychology services in order to help the council in their legal obligation to make sure that every child receives a suitable education (Education Act 1996)
- if the child or young person is subsequently assessed for an education and health care needs assessment then the data will be used as part of the statutory psychological assessment of this process as per the Children and Families Act 2014
The lawful basis is:
- the Children and Families Act 2014
- the Department for Education’s Special Needs and Disability Code of Practice: 0 to 25 years (2015) which underpins the statutory process for assessment for an Education Health and Care Plans (EHC) - the code provides details of how SENCoS should request the involvement of specialists to support, including educational psychologists who are specifically named
The lawful basis for holding the personal data is ‘public task’ as the information to carry out the public function is set out in law.
You, or your legal representative, have given consent for us to use your personal information.
Where we do use consent to process your personal data, we will explain to you what we are asking you to agree to and why.
If we have consent to use your personal data, you have the right to remove it at any time. If you want to remove your consent, please email email@example.com and we will deal with your request. If you remove your consent we are unlikely to be able to provide continued services to you.
We need the information because you have entered into a contract with us.
We need to have the information to perform our legal obligations.
Lawful basis for processing
The lawful basis for processing is Article 6 GDPR:
- (a) you have given consent
- (b) process is necessary for the performance of a contract
- (c) processing is necessary for compliance with a legal obligation to which we are subject
Special category data
Special category data is being processed under Article 9 GDPR:
- (a) you have given your consent
- (e) processing relates to personal data which are manifestly made public by the data subject
- (h) processing is necessary for the purposes of preventative or occupational medicine
Who we share your information with
Personal data is shared between schools and this service as part of any referral process.
We also share data with social services if requested as part of any social care statutory assessment process.
We will not sell your personal data to any party.
How we store your personal information
We recognise that the information you provide may be sensitive and we keep information about you confidential. This means we store it securely and control who has access to it.
We will not store any information where we are not legally required to do so.
We will make sure:
- that where your information is disclosed to a third party, the third party has sufficient systems and procedures in place to prevent the loss or damage of personal data
- we store your information securely on databases and files within the council
Data will not be kept for longer than is necessary and is kept in line with the council’s retention and disposal schedule. We will dispose your information by securely destroying any data we hold.
Your data protection rights
Under data protection law, you have rights we need to make you aware of. The rights available to you depend on our reason for processing your information.
Your right of access
You have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information we process.
Find out more about your right of access from the ICO.
Your right to get your data corrected
You have the right to ask us to correct information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. This right always applies.
Find out more about your right to get your data corrected from the ICO.
Your right to get your data deleted
You have the right to ask us to delete your personal information in certain circumstances.
Find out more about your right to get your data deleted from the ICO.
Your right to limit how organisations use your data
You have the right to ask us to limit the processing of your information in certain circumstances.
Find out more about your right to limit how organisations use your data from the ICO.
Your right to object to the use of your data
You have the right to object to processing if we are able to process your information because the process forms part of our public tasks.
Find out more about your right to object to the use of your data from the ICO.
Your right to data portability
This only applies to information you have given us. You have the right to ask that we transfer the information you gave us from one organisation to another, or give it to you.
The right only applies if we are processing information based on your consent or under, or in talks about entering into a contract and the processing is automated.
Find out more about your right to data portability from the ICO.
Making a request
You are not required to pay any charge for exercising your rights. If you make a request, we have 28 days to respond to you.
To make a request, contact us by emailing: firstname.lastname@example.org
As a public authority and a provider of services to the public, we have a legal duty to comply with the Equality Act 2010.
This means we need to make service adjustments for anyone with a disability who contacts us in any capacity, to eliminate any barriers to accessing our services.
Our lawful basis for processing this information is article 6(1)(c) of the GDPR as we have a legal obligation to provide this. Our processing of special category data, such as health information you give us, will be based on article 9(2)(a), which means we need your consent.
We will create a record of your adjustment requirements. These will give your name, contact details and type of adjustment required, along with a brief description of why it is required. Relevant staff can access this to make sure they are communicating with you in the required way.
Please contact us by emailing email@example.com should you require service adjustments.
How to complain
If you have any concerns about our use of your personal information, you can make a complaint to us at firstname.lastname@example.org
You can also complain to the ICO if you are unhappy with how we have used your data by:
- visiting the ICO website
- phoning the ICO helpline on 0303 123 1113
Information Commissioner’s Office
- Information Commissioner’s Office