Primary Behaviour Service

Primary Behaviour Service (PBS) and the Children’s Wellbeing Service (CWBS) respects your privacy and is committed to protecting your personal data. Please read this Privacy Notice carefully – it describes why and how we collect and use personal data and provides information about your rights.

Hampshire County Council is the data controller for the purposes of the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). We keep this Privacy Notice under regular review.

Why do we collect and use this information

PBS and CWBS collects information about you and your child to:

• keep in contact with you about our work with your child.
• keep a record of the time and nature of PBS and CWBS involvement with you and your child and the impact that it has had.
• inform our assessment of your child’s needs and, in turn, inform any ongoing work with you and/or your child and/or their educational setting.
• provide training and support to parents, schools and other settings to deliver a range of interventions.
• Undertake wider County Council statutory duties in support of your child’s education and welfare.
• Monitor and evaluate the impact of the services provided for your child individually and across the breadth of work offered to ensure that a high quality, accessible service is provided in line with professional standards.
• Ensure compliance with our obligations under the accuracy principles of the UK 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 (the retention period), 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 will collect and hold the following personal and special category personal data about you or your child:

• your child’s personal information (such as name, date of birth, address, early years’ setting/school/college)
• special category data about your child (such as their Special Educational Need(s)/disability, gender, ethnicity, home language) and medical information
• information about your child’s education (such as school attendance figures, previous and current academic reports, pastoral feedback from settings and schools, reports from other professionals)
• your personal information (such as name, address, email, telephone number)
• your and/or your child’s views about their progress, PBS and CWBS work and its impact

Sometimes after we have been involved with your child, we may approach you to ask your views or to provide feedback about PBS and CWBS and the service they have provided to you as part of a whole service evaluation. On occasion, we may share a link to an online survey and seek your views about the service through asking you to provide ratings and comments. These activities are optional, and you would not have to complete any surveys or provide other feedback if you did not want to. If you did choose to take part, we would not ask directly for your or your child’s name or date of birth as the information and views provided would only be used to help us to explore which parts of our service are working well and what can be improved. Your views would be collated with the views of other parents/carers and the findings summarised. Although direct quotes may be used in reports, in presentations or on the PBS and CWBS website, no-one would be able to identify any child, family or school from any of the above.

A second type of involvement is where you yourself are receiving training or support from a PBS and CWBS. In this case, you will be provided with specific information about the training or support and about how any data you provide will be processed.

The lawful basis on which we process this information:

For children and young people where we are involved on an individual basis, we collect and use the information, ensuring that we comply with the UK GDPR and the Data Protection Act 2018 (DPA 2018) requirements for processing personal data 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.

And Special Category Personal Data through:

• Article 9(g) - the processing is necessary for reasons of substantial public interest
• Schedule 1, paragraph 6 of the Data Protection Act (2018)

These articles under the UK GDPR and DPA (2018) are supported by the following specific legislation:

• Section 19 of the Education Act (1996)

Under these lawful bases we do not require your consent to process or share 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.

Storing and securing data

The information you provide will be entered into our service’s secure document management system to create an electronic record. We will store this information in line with the County Council’s data retention schedule for the Children’s Services Department. Our systems are hosted in secure UK based data centres and no information leaves the European Economic Area (EEA).

The County Council takes its data security responsibilities seriously and has policies and procedures in place to ensure any personal data held by us 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. Any information shared will be done so on the basis that it is necessary, relevant and proportional for the task being undertaken.

The PBS and CWBS may share information with the following organisations as part of providing this service:

• Educational setting
• Health Services

Requesting access to your personal data and your rights

Under data protection legislation, individuals have the right to request access to information that we hold about them. 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)

You also have the right to:

• prevent processing for the purpose of direct marketing
• in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed

Please note that under the UK 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.