This Privacy Notice is designed to help you understand how and why the Inclusion Service processes your personal data. This notice should be read in conjunction with our corporate privacy notice.
Who are we?
North Yorkshire Council are a ‘data controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR). The Inclusion service is responsible for carrying out duties under the children and families act 2014 in relation to statutory assessment processes, and the ongoing monitoring of children and young people who have an education, health and care plan. In order to provide this service effectively, the inclusion service needs to collect and process your personal and special category data.
We have appointed Veritau to be our data protection officer. Their contact details are:
Information Governance Office
Tel: 01904 552848
What personal information do we collect?
In order to deliver our inclusion service we will need to collect both personal and special category data, specifically:
We will collect the following personal data:
- parent and child’s personal information (for example, name, address, date of birth)
- contact details (telephone and email)
- photograph of child
- NHS number
- IP address (in the case of digital applications)
- family history
- early year provider information
- school information
- destination information, for aged 16 plus children
We will collect the following special category data:
- special educational needs and disability information
- health information
- mental health information
- criminal history
Why do we collect your personal information?
We need to collect this information to fulfil our legal obligation with regard to the care of a child, specifically for the following purposes:
- provision of early years services
- to assess your child’s specific educational needs
- to provide you and/or your child with appropriate services
- service improvement
- statutory reporting to the department for education
Who do we obtain your information from?
Some of the data we collect will be provided by parents on behalf of their child or children. However, we may also obtain personal information related to you and/or your child from the following sources:
- other organisations or teams that may provide us with advice and information (such as adult or children’s social services, educational psychologists, mental health services, doctors, general practitioners, school nurses and other NHS providers)
- schools or post-16 settings currently or previously attended
- early education providers currently or previously attended (such as nurseries, pre-schools and childminders).
- other professionals responsible for supporting a child
Who do we share this information with?
In the course of performing our duties, we may share your information with a number of agencies who are key to delivering our service.
Internally within the council:
- staff who provide inclusion services to you or your children (for example, special educational needs team and inclusion hubs)
External agencies we share information with:
- department for education
- educational establishments attended by your child or children
- early years providers
- health partners, including the NHS
- any other persons or organisations that parents, carers or young person’s requests as part of the statutory process - examples are sports coaches, physiotherapists, speech therapists, depending on the needs of the child
If we are informed that a child has moved into or outside of our local authority area: data relating to the child’s education, health and care plan will be shared between ourselves and the child’s new local healthcare provider as standard. This allows the child’s new healthcare provider to confirm if they can meet the child’s care and support needs.
How long do we keep your information for?
|Data held||Retention period|
|Data relating to children with special needs (EHCP Plans and/or other related information).||25 years from the child’s date of birth|
What is our lawful basis for processing your information?
We rely on the following lawful basis to process your personal data:
UK GDPR Article 6(1)(c) – processing is necessary for compliance with a legal obligation to which the controller is subject.
When processing special category data, we will rely on the following lawful basis:
UK GDPR Article 9(2) - processing is necessary for reasons of substantial public interest. Processing is in relation to specific needs and meets Schedule 1, Part 2 of the Data Protection Act 2018 as below:
- (8) Equality of opportunity or treatment.
UK GDPR Article 9 (2)(h) – processing is necessary for the purposes of the provision of health or social care or treatment or the management of health or social care systems and services on the basis of domestic law. Meeting schedule 1, Part 1 of the data protection act 2018 a below:
- Employment, social security and social protection
- Health and Social Care purposes
The legislations, policies and guidance that relate to this service includes, but is not limited to:
- working together to safeguard children 2015
- children and families act 2014
- children act 2004
- early education and childcare statutory guidance for local authorities
- special educational needs and disability (SEND) code of practice: 0 to 25 years
For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.