Education and Learning Privacy Notice

What information do we collect

Core learner data

Source School Information

• LEA and ESTAB Number
• School Name

Pupil Data

• UPN
• Forename and Surname
• Date of birth
• Gender
• ULN

Pupil Data: Basic Pupil Details

• Preferred Names
• National Curriculum Year
• Ethnicity and Ethnicity Source
• FSM Eligible
• Entry Date (Original Start Date)
• Part Time status (Nursery)
• Boarder
• Medical Flag
• First Language

Pupil Data: Looked After Child

• In Care Indicators
• Care Authority (Identifies which LA has pupil registered in care)

Pupil Data: Address

• Current Address Information

School Information

• LEA and ESTAB number of school(s) pupil attends
• School Name
• Entry date (Most current)
• Last School Indictors (This indicates if pupil has left and returned)
• Enrol Status

SEN

• SEN Start Date
• SEN Provision status

SEN: SEN Needs

• SEN Type Ranks
• SEN Type

FSM

• FSM Start Date
• FSM End Date

Support Information

• Service Child Indicator
• Mode of Travel

Attendance

Exclusion Data

• Category and Reason of exclusion
• Start and End date
• Emergency contact details

Leavers Information

• Leaving Date
• Leaving Reason

Attendance

• Sessional attendance data
• Learner level data for off-site provision
• Elective home education referrals
• Children missing education referrals
• Children missing out (< 25 hours/ week)
• Exclusions – fixed and permanent

Post 16

• Intended destinations of Year 11 and 6th form pupils is provided by school
• Intended Destination data picked up by EES team is shared with the appropriate school; overall anonymised summary and analysis is shared with all schools
• September offer status of Year 11 and 6th form pupils is provided by school
• Actual destinations of ex Year 11s and ex 6th formers is provided by school
• Actual destination data picked up by EES team is shared with the appropriate school; overall anonymised summary and analysis is shared with all schools
• Notification by school of its pupils becoming NEET or left/situation not known

Children looked after

• Bradford Council as corporate parent require all information relating to the educational progress and outcomes of CLA. This refers to children both in and out of the LA.
• Attendance for CLA is collected from those out of authority CLA children.

Admissions

• The details and outcome of every application, made directly to the school, including appeals outcomes, for Reception to Year 6 and Year 7 to Year 11.
• The on roll date of new starters

SEN

• Pupils at school Support
• LA already has pupils with an EHCP
• Annual Review information

Transport

• Pupil name
• Pupil age
• Home address
• Distance from home to school and route
• Additional/Special needs/Education Health and Care Plans/Statements of Special Educational Needs
• Income status of family
• Entitlement under the Council's transport policies
• Mode of transport
• Routes
• Ticketing arrangements/authority to travel
• Control measures put in place to ensure a suitable travel arrangement
• Transport timings

Statutory

Statutory data returns including:

• school census
• end of key stage tests, assessments and examinations
• school workforce census

Who uses this information?

Education and Learning (Children's Services) officers use this information. It may also be used by other council and government departments where it is legal to do so. See the section on 'Who are we likely to share this information with?'.

Why do we use this information?

We use this information to support families and ensure that children and young people can access education and receive the support they require as well as mitigate risks and the effective identification of need.

What authority does CBMDC have to collect and use this information?

Legal obligation or public task under various UK laws including but not limited to:

• The Education Act 1944, 1996, 2002
• The Education & Adoption Act 2016
• The Education (Information About Individual Pupils) (England) Regulations 2013
• The Education and Skills Act 2008
• The Education (Pupil Registration) (England) Regulations 2006
• Statutory Guidance for Local Authorities in England to Identify Children Not Receiving Education – February 2007)
• The Education and Inspections Act 2006
• The Children Act 1989, 2004
• The Childcare Act 2006
• The Children & Families Act 2014
• Local Safeguarding Children Boards Regulations 2006 (SI 2006/90)
• The Localism Act 2011
• The Equality Act 2010
• Contract (traded services)

Under the UK General Data Protection Regulations, CBMDC collects and uses this information under powers given to Local Authorities (councils). The following categories of lawfulness apply:

6(1)(a) Consent of the data subject

6(1)(b) Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract

6(1)(c) Processing is necessary for compliance with a legal obligation

6(1)(d) Processing is necessary to protect the vital interests of a data subject or another person

6(1)(e) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

The UK GDPR refers to sensitive personal data as special categories of data and the conditions for special categories of data are set out in Article 9(2).

9(2)(a) Explicit consent of the data subject, unless reliance on consent is prohibited by EU or Member State law

9(2)(b) Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement

9(2)(c) Processing is necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent

9(2)(d) Processing carried out by a not-for-profit body with a political, philosophical, religious or trade union aim provided the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without consent

9(2)(e) Processing relates to personal data manifestly made public by the data subject

9(2)(f) Processing is necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity

9(2)(g) Processing is 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 safeguards

9(2)(h) Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of Union or Member State law or a contract with a health professional

9(2)(i) Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of healthcare and of medicinal products or medical devices

9(2)(j) Processing is necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes in accordance with Article 89(1)

In the rare circumstance that we don’t have a legal authority to use your information, we will obtain your consent first.

Who are we likely to share this information with?

• Judicial agencies, for example courts
• Police
• Department for Education and their agencies
• Children's Social Care
• Early Help services
• Safeguarding Boards
• Probation
• Health agencies
• Speech and language therapists
• Specialist teachers
• Education providers including early years providers, pre- and post-16
• Substance Misuse Teams
• Other local authorities
• Education providers
• Youth offending service
• Pupil Referral Units
• School transport operators
• Other youth offending teams
• Voluntary sector partners
• Local businesses offering work experience, educational opportunities
• Qualification awarding bodies
• Contractors providing education and IT services
• Funding bodies
• Elected members
• Regional School Commissioner (RSC)
• Chief Executive Officers of Academy Trusts
• SENDIASS
• Mediation Partner

How do we keep this information secure?

Your information is stored securely on database and document management systems with stringent access and use policies. We also undertake quality checks and monitoring to ensure the information we hold is accurate at the time and being used appropriately.

When computers make any decisions about you

Not applicable.

When your data gets sent to other countries

Not applicable.

How long do we keep this information?

Your information is retained securely for the date of birth of the pupil + 25 years.

What are your rights?

You have the right to request CBMDC to stop processing your personal data in relation to any council service.  See our main Privacy Notice for details.