Leigh House Education Provision

Why do we collect and use this information?

Hampshire County Council is the Data Controller for the purpose of collecting and using information from children and young people, parents/carers, schools/academies and health services to carry out our responsibilities around ensuring a good education for children who are attending Leigh House so cannot attend a mainstream school because of health needs.

We collect information about your child, you as their parent/carer, alongside details around their school. We hold this personal data securely and use it to:

• arrange suitable full-time education (or as much education as the child or young person’s health condition allows) for children and young people of compulsory school age who, because of illness, would otherwise not receive suitable education
• provide good quality education for children and young people who are attending Leigh House
• address the needs of individual children and young people in arranging provision
• consult with parents/carers before teaching begins to assist in providing useful information that can inform the teaching approach
• ensure effective collaboration between all relevant services (LAs, CAMHS, NHS, schools and, where relevant, school nurses) to deliver effective education for children and young people with additional health needs
• ensure that the right provision is offered and to encourage the child or young person’s commitment to it
• inform weekly reports for schools supporting the creation of the 'care plan' Elements
• support schools with their responsibility for writing Individual Healthcare Plan (IHP) – stat requirement for medically unwell children and young people returning to education
• work with schools (and education centre/home tuition services if appropriate) to plan for consistent provision during and after the period of education outside school
• work with schools to ensure that children and young people can successfully remain in touch with their school while they are away
• work with schools to set up an individually tailored reintegration plan
• prepare (with the school where applicable) to submit applications for special arrangements to awarding bodies when children and young people with health needs are approaching public examinations, whilst providing advice and information to the school
• undertake wider County Council statutory duties in support of your child’s education and welfare
• ensure compliance with our obligations under the accuracy principle of the UK General Data Protection Regulation (Article (5)(1)(d)), making sure our records about you and your family are up to date

CAPITA plc is a data processor for this information acting on our instructions for the purpose of delivering a contract to the County Council around the hosting and supporting of the CAPITA One system, which the County Council uses to store the information provided to us, as identified under this privacy notice. This includes accessing the CAPITA One system to fix any technical issues to ensure the system is fit for use.

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 (the retention period), alongside identifying any rights you may have and who to contact if you think we’re not handling your information in the right way.

The categories of information that we collect, hold and share

The following personal and special category information is processed:

• your child’s personal information (name, address, date of birth, school, legal status)
• information about your child’s characteristics (such as preferred gender, religion, ethnicity, SEN status, looked after status)
• your child’s medical information (such as NHS reference number, RiO reference number GP contact information, CAMHS information, Leigh House Hospital Assessment document, previous admission notes, Care Plan Approach documentation)
• information about your child’s education (such as school attendance figures, previous & current academic school reports, pastoral feedback from mainstream school, Educational Psychologist reports)
• your personal information (name and address, telephone numbers - home and work, email address)
• your relevant medical information in support of your child’s needs

The lawful basis on which we use this information

We collect and use the information ensuring that we comply with the UK General Data Protection Regulation (GDPR) 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 UK GDPR and Data Protection Act 2018 (DPA2018) are supported by the following specific legislation:

• Section 19 of the Education Act 1996 (as amended by Section 3 of the Children, Schools and Families Act 2010)
• Section 10 of the Children Act 2004
• Equality Act 2010

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 (decisions taken without a person involved) occurs for any parts of these activities controlled by the County Council and that the County Council does use profiling as part of the service.

Storing and securing data

The information provided to us will be held within 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’s CAPITA One system is hosted by CAPITA plc in secure data centres based in the UK. Information is encrypted when in transit between County Council users of the system and the data centre the information is hosted within.

A paper based working file is kept on site and when not in use is kept in a secure/locked storage unit on site. The information held within the working file is kept securely on site for two years and then transferred to the County Council’s secure long term storage facility, based in the UK, for the remaining period in line with the established retention schedule before being 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

The County Council also ensures its IT Department is certified to the internationally recognised standard for information security management, ISO27001.

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.

Information is shared with your child’s school to assist with their responsibility for writing Individual Healthcare Plan (IHP), which is a statutory requirement for medically unwell children returning to education.

As we work with your child, we are required to update records held in NHS systems through our secure ‘9455 network access’ and through access to Southern Health NHS Foundation Trust’s Tier 4 CAMHS system.

Depending on the individual circumstances of each situation, we may have to share this information with other teams within the County Council to fulfil other duties and powers to support our work. These might include services such as our Youth Support Service (for ensuring the participation of young people); Children Missing Education (for ensuring the provision of full time education); Virtual School (for support of children looked after); and/or Social Care (supporting welfare, safeguarding and corporate parent functions). We may also share information through the County Council’s role in the Hampshire Safeguarding Children Partnership (HSCP) to comply with their statutory duties.

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 someone you have responsibility for, please contact the Children’s Services Department’s Subject Access Request (SAR) Team.

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
• claim compensation for damages caused by a breach of the Data Protection regulations

Under the GDPR, there is also a right to erasure but the right to erasure does not provide an absolute ‘right to be forgotten’. Where the data being processed is for the purpose of ‘performing a task in the public interest or for our official functions, and the task or function has a clear basis in law’ (Article 6(1)(e))’, this right does not automatically apply.

Further information

The above information is the specific privacy notice for this service. For more information about your rights in relation to your personal data, see the County Council’s general privacy notice.

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 [email protected].

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.