SEND support service privacy notice

1. Council contact details

1.1. West Northamptonshire Council

Registered Office:

One Angel Square
Angel Street
Northampton
NN1 1ED

Tel: 0300 126 7000

This notice explains what personal data (information) we hold about you, how we collect it, how we use it and how we may share information that we hold about you in order to deliver our services. We are required to give you this information under data protection law.

West Northamptonshire Council is committed to protecting your privacy when you use our services. The Privacy Notice below explains how we use information about you and how we protect your privacy.

West Northamptonshire Council complies with data protection legislation (the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) and are registered as Data Controllers (Reg. No. ZA896620).

1.2. Who we are

West Northamptonshire Council provides services in the following areas:

  • Early Education
  • Schools and Education
  • Special Educational Needs and Disability

The SEND Support Service provides early intervention to identify a child’s special educational needs and disabilities (SEND) at an early stage, identify the relevant support and strategies for support. The service offers advice and support to children, young people, families, carers and a range of educational establishments for children with a wide range of special educational needs aged between 0 and 19.

2. Information that we hold

2.1. What personal information do we collect to deliver this service?

We collect information from parents or carers for children and young people below and within statutory school age and from young people themselves if they are aged 16 or over and no longer in compulsory education. We collect the following personal information (these lists are not exhaustive):

  • Personal information such as your name, address, contact details, date of birth, parent/carer details, film, language, gender, photographs
  • Special category information such as ethnicity, disabilities
  • Details of special educational needs and disabilities
  • Health information/history
  • EHC Plan
  • Current school
  • Assigned professionals/practitioner details
  • Safeguarding information
  • GP Details
  • Referral and assessment information
  • Exclusion from education details
  • Child in Care status
  • Unique Pupil Reference Number

We may seek personal information from other sources including:

  • other West Northamptonshire Council Departments
  • your GP in regard to your health
  • education provider/school
  • other local authorities
  • other involved professional practitioners

3. How the information is obtained

3.1. How do we collect this personal information?

We collect personal information in the following ways:

  • face to face
  • telephone
  • email
  • other assessments or reports
  • referral form
  • secure records databases managed by WNC

3.2. There are a number of reasons why we need to collect and use your personal information. Generally, we collect and use personal information where it is necessary to meet our legal obligations. You or your legal representative are required to provide your consent in order for us to provide a service for your child.

What legislation forms the basis for the collection and use of your personal information?

  • Children Act 2004
  • Children, Schools and Families Act 2010
  • Children’s and Families Act 2014
  • SEND Code of Practice 2015
  • Education and Inspections Act 2006
  • Autism Act 2009
  • Equality Act 2010

4. What we do with the information

4.1. For what purpose is this personal information collected?

  • Assessments
  • Service delivery
  • Service Planning/Research
  • Perform a Statutory Duty

How we use this personal information

We use this information to:

  • identify special educational needs
  • provide advice in regards educational provision
  • advise parents/carers and teachers about appropriate support
  • advise schools/education providers in regard to strategies for curriculum delivery and differentiation for a specific child or young person

4.2. Who we may share your information with

If required, we will share your information with other West Northamptonshire Council (WNC) departments such as:

  • Northamptonshire Children's Trust
  • Education and Universal Services

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

  • North Northamptonshire Council
  • School/education provider
  • Health Services

Why do we share this information?

In order for the service to fully carry out its legal duties and to deliver its service, it is a necessary requirement to share this information. If you have approached the service in a voluntary capacity, consent to share will be sought as appropriate.

We will share personal information with law enforcement or other authorities if required by applicable law. Any information sharing is undertaken in accordance with UK GDPR and the Data Protection Act 2018. Hence, we have mechanisms in place to share information lawfully and securely.

5. How long we keep your information for and how we securely dispose of it after use

5.1. We keep your personal information for all aspects of processing by the SEND Support Service in line with the council’s retention schedules.

How long will your personal information be held?

The information will only be used for the purposes stated when it was collected. Information will not be sold, rented or provided to anyone else, or used for any other purpose than that for which it was originally collected unless required to by law.

Category of information Retention period
All records relating to the provision of support for children with SEND

Non-Statutory - Retain from date of birth of child for 25 years

Statutory retain for 35 years from closure (25 plus 35 years)

All records relating to the provision of educational support for looked after children Retain from date of birth for 75 years
EHC Plans Retain for 25 years after the student’s date of birth (as stated on the student’s record)

5.2. We will securely dispose of your information in line with retention periods.

6. How we store your information

6.1 We hold your data securely in electronic systems accessible only to staff in West Northamptonshire Council who would need access to this as part of their job role.

7. Your data protection rights

7.1. The law gives you a number of rights to control what personal information is used by us and how we can use it. Please see section 15 of the council’s Privacy Policy for further information.

7.2. Please be aware that your rights may differ depending on the lawful basis for processing your personal data.

7.3. The right to withdraw consent. You can ask that we no longer use your details for this processing. If you wish to exercise this right, please contact the Data Protection Officer.

8. Who to contact

8.1. If you would like further information about how we use your personal information, or you wish to exercise one of your data rights or you wish to complain about the use of your personal information please contact the Data Protection Officer.

8.2. If you are still dissatisfied with how we have used your data once you have made a complaint through the council’s internal complaints procedure you have the right to complain to the ICO.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113

This privacy notice was completed on 15 March 2021.

The privacy notice review date is March 2022.

Why information is on a different website
We are in the process of adding information to this new unitary council website. Some pages will give you a link back to a previous council website to help you find what you need. Read more about the changes.