Special Educational Needs and Disability (SEND) Service Privacy Notice (Milton Keynes Council)

Everything we do with information about people, such as how we collect it and who we share it with, has to comply with the Data Protection Act and the General Data Protection Regulation (GDPR) that comes into force in May 2018.

A key part of this is being open about how we use information and what rights you have in respect of information we hold about you and your family.  Just to be clear, the bulk of information held will be about your child or young person with a special educational need or disability but there will also be some information about you as parents and any brothers or sisters. The amount of information will be dependent on the reasons for our involvement, for example an EHC assessment will identify family members.

This privacy notice should be read alongside the Milton Keynes Council Privacy Notice (https://www.milton-keynes.gov.uk/assets/attach/50980/MKC%20Privacy%20Notice%20v0.4.docx). If anything in this notice is not clear, or if you have further queries, please get in contact with the Data Protection Officer using the details at the end of this notice.

What information do we hold?

We collect information about people who live in Milton Keynes as well as people outside the area who use services that we provide.  The information we collect may vary according to the services being used.

Most of the information we hold starts as a result of:

  • An individual contacting us wanting to use a service.
  • Another organisation, such as an NHS body or School contacting us, generally on the individual’s behalf and with their knowledge.

Why do we have the information about you and what do we use it for?

We provide a number of statutory services such as Education, Health and Care Plan (EHCP) assessments and Children’s Social Care service for children with disabilities. We are under legal obligations to provide these services and to do this we need to collect and use personal information of those using or affected by these services. 

Much of what we do is because of legislation and it is this legal basis that we collect and use personal data. Without that data we cannot provide these services.  Some of the legislation that requires us to provide these statutory services includes the Children Act 1989, Children and Families Act 2014 and Care Act 2014.

Whenever we use information we always limit this to only details that are needed and we ensure that it is used safely and securely.  We require anyone we share information with, or who uses it on our behalf, to do so too.  All staff receive training on data protection and information security.

Who we share information with and why

We share information with a range of different types of people and organisations depending on the service being provided or the statutory requirement that we have to comply with.  The types of organisations we may share information with include:

  • Education establishments such as schools, colleges and early years settings.
  • Health and social care organisations and professionals (NHS bodies such as GP’s, Hospitals, Clinical Commissioning Groups).
  • Organisations that we commission to provide services. This includes some charitable or voluntary organisations as well as companies.
  • Law enforcement agencies, such as Thames Valley Police.
  • Regulatory bodies and ombudsman, such as Ofsted, CQC and Local Government Ombudsman.
  • Courts and tribunals.
  • Councillors and MP’s.
  • Housing associations and landlords.

We share information that is appropriate with organisations and individuals to meet our legal obligations and to co-ordinate with relevant parties to achieve the best possible outcomes for children and young people with special educational needs or disability.

How long do we keep hold of information for?

We only keep information for as long as is needed. This will be based on either a legal requirement (where a law says we must keep information for a specific amount of time) or accepted business practice. For example individual child case files are held for 35 years and is a departmental discretion decision; individual case files for looked after children is 75 years from child’s date of birth and is set in the Arrangements for Placement of Children (General) Regulations (1991) Reg 9.  This is set out in retention schedules.

What right you have

You have various rights around the data we hold about you and your family.

  • Right of access (to receive a copy of your personal data)
  • Right to rectification ( to request data that is inaccurate is corrected)
  • Right to erasure (to request that data is deleted)
  • Right to restrict processing (to request we don’t use the data in a certain way)
  • Right to object (generally to make a complaint about any aspect of our use of your data)

A more detailed list is on the Council’s Privacy Notice. Any such request can be submitted to the Data Protection Officer.  Whether we can agree to your request will depend on the specific circumstances and whether we are required to keep your data because of legislation linked to the service being provided.

If we are using your information based on your consent to do so, you have the right to withdraw your consent at any time. Doing so may mean we are unable to provide the service you and your family are hoping to receive

If you are unhappy with any aspect of how your information has been collected and/or used, you can make a complaint to the Data protection officer. 

Email: Data.protection@milton-keynes.gov.uk

Tel. No: 01908 254767

Post: Data Protection, Milton Keynes Council, Civic Offices, 1 Saxon gate East, Central Milton Keynes, MK9 3EJ

Last Updated: 11 September 2018