Why do we collect and use this information?
Hampshire County Council is the Data Controller for the purpose of collecting and using information from you and/or your child(ren)’s early years education setting(s), out of school childcare setting or other relevant professionals. This is to assist in meeting your child’s learning needs within the home environment (predominantly via Portage), any early years education settings (pre-school, nursery or childminder) and/or out of school provision (before and after school clubs and holiday pay schemes) your child attends. Where appropriate it is to also assist in getting your child ready to attend an early years education setting.
We collect information about you and your child(ren), hold this personal and/or sensitive data securely and use it to:
- contribute to the delivery Hampshire County Council’s statutory duties, which may include sharing with other local authorities and/or agencies, commissioned services and professionals as appropriate to:
- support your child(ren)’s teaching and learning
- monitor and report on his/her/their progress
- support coproduction with parents, health, social care and education settings to ensure that children from birth to Year R are:
- identified as having Special Educational Needs or Disability (SEND)
- supported to access appropriate/support provision
- receive appropriate interventions
- achieve positive outcomes
- support safeguarding
- providing support, information and guidance to you and/or your early years setting and or out of school provider to meet the needs of your child(ren) with SEND or Looked after Children
- model patterns of service involvement to identify risk and vulnerability relating to social issues for children and families, and to support future service delivery planning
- produce a holistic view of each child in order to provide informed support and advice
- assess and process, or contact you regarding your, Early Years Education Funding entitlement and or SEN Inclusion Funding (SEN IF) and or Childcare additional Needs Grant (CAN) or a claim/application made by your provider
- verify and monitor your eligibility for SEN IF or CAN Grant
- assess how well your child(ren)’s early years education setting(s) is/are doing
- ensure compliance with our obligations under the accuracy principle of the General Data Protection Regulation (Article (5)(1)(d)), making sure our records about you and your family are up to date
The following sections provide further detail around the information we process setting out what allows us to do this (lawful basis), who we may share it with, how long we keep it for, alongside identifying any rights you may have and who to contact if you think we are not handling your information in the right way.
The categories of information that we collect, hold and share
We collect the following types of Personal Data and Special Category Data:
- your personal information (such as contact/email address/address details)
- your child(ren)’s personal information (such as contact/address details, date of birth)
- information about your children(ren)’s activity at the setting (such as setting attendance)
- personal characteristics about your child(ren) such as gender, ethnicity, first language and details about their special educational needs or disabilities
- plans about how to meet your child(ren)s needs, and who is also supporting your child(ren)s/family
- your child(ren)’s developmental progress (such as progress reports, Foundation Stage Profile results)
To access support for a child with SEND via the Services for Young Children Inclusion team through Portage, SEN IF or CAN Grant, the County Council has a referral and assessment process (a copy of the referral form is on the Services for Young Children website).
To identify whether your child meets the eligibility for the Portage service there will be an ongoing assessment process by the inclusion team in partnership with other professionals/agencies and you (the parent/carer). To identify whether your child meets the eligibility criteria for inclusion services your provider will be asked to provide:
- your child’s personal information (name, date of birth, address)
- a summary of your child’s needs including: strengths, health needs, concerns around child, child attendance in hours, personal plan, risk assessments, views about the child’s needs and support requirements, photos, videos, specific details of strategies the setting or other services have already put in place
- your personal information (name, confirmation of parental responsibility)
- information about other professionals for Co-Production Planning Meetings (name, job title, role of attendee, telephone, email)
The lawful basis on which we use this information
We collect and use the information ensuring that we comply with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA2018) requirements for processing through:
- Article 6(1)(e) – the processing is necessary to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law
- Article 9(2)(g) – Necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguarding measures
- Sch.1, Pt.2, 1 – Substantial public interest conditions, for processing under the Data Protection Act 2018 (when enacted)
These articles under the GDPR and the DPA2018 are supported by the following specific legislation:
- Part 3 of the Children and Families Act 2014
- The Special Educational Needs and Disability Regulations 2014
Under this lawful basis we do not require your consent to process this information, but we are required, through this privacy notice, to ensure you are fully informed of why we are collecting this information and what we will do with it.
No automated decision making occurs for any parts of these activities controlled by the County Council. The County Council does use profiling in the delivery of this service but only in support and delivery of identified groups under statutory guidance.
Storing and securing data
The information you or your child(ren)’s setting(s) provide for all of the activities identified in this privacy notice will be held on the County Council’s CAPITA One system. The information held within CAPITA One will be kept in line with our retention schedule and then disposed of as appropriate.
The County Council takes its data security responsibilities seriously and has policies and procedures in place to ensure the personal data held is:
- prevented from being accidentally or deliberately compromised
- accessed, altered, disclosed or deleted only by those authorised to do so
- accurate and complete in relation to why we are processing it
- continually accessible and usable with daily backups
- protected by levels of security ‘appropriate’ to the risks presented by our processing
Who do we share information with?
We do not share information with anyone unless there is a lawful basis that allows us to do so.
We are required by law to share pupils’ data with the DfE. This data sharing underpins funding and educational attainment policy and monitoring.
Requesting access to your personal data and your rights
Under data protection legislation, individuals have the right to request access to information about them that we hold. To make a request for your personal information, or your child(ren)’s, contact the Children’s Services Department’s Subject Access Request (SAR) Team. Find out more about accessing your records.
You also have the right to:
- prevent processing for the purpose of direct marketing
- object to decisions being taken by solely automated means
- in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed
If you would like more information about these services visit our childcare and early years pages.
You can also visit the Hampshire Family Information Service Hub (FISH) Portage pages and the Family Information Service Hub (FISH) Inclusion Setting Support Officer pages
You have some legal rights in respect of the personal information we collect from you. See our Data Protection page for further details.
You can contact the County Council’s Data Protection Officer by email firstname.lastname@example.org.
If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office.