Please enable JavaScript in your browser to use this page.

You are here

  1. Home

Special Educational Needs and Disability (SEND) and Alternative Provision (AP) advice service including the Education Inclusion Co-ordinators

The purpose of processing

The SEND and AP Advice Service is committed to ensuring the privacy and protection of personal data. Our service is responsible for providing signposting information, advice and support for professionals working with children and young people from B&NES with SEND and those who may require AP. This may include the ‘ways forward meetings’ following a no to assess for an education, health and care needs assessment, telephone calls, video call, and, or a school visit.

Data subjects

Children and young people
Parents and carers
Professionals from Health, Education, and Safeguarding

Personal data

We collect information from parents or carers for children and young people below and within statutory school age, and from young people themselves if they are aged 16 or over.
While providing advice and support to professionals working with children and young people from B&NES, we collect the following personal information when you provide it to us:

• Personal information (such as name, address, contact details, date of birth, parent/carer name(s) and contact details, gender).
• Details of special educational needs and disabilities.
• Ethnicity.
• Information about physical or mental health.
• Basic personal information including your name and your contact details such as your email address when you register to attend workshops, events or courses.

We also obtain personal information from the following other sources:

• Other organisations or teams that can provide us with advice and information (such as Adult or Children's Social Services, educational psychologists, health providers)
• Schools or post-16 settings currently or previously attended
• Early education providers currently or previously attended (such as nurseries, pre-schools, childminders)

How is it used?

We collect, use, and store information and advice in relation to:

• Initial Assessments: For assessing SEND needs.
• Evidence of the B&NES SEND Commitment, including documents related to the graduated approach.
• Ways Forward Meetings.
• Dispute Resolution: To manage and resolve disputes.
• Referrals to children’s services.
• Referrals to commissioned services.

We work closely with other children and young people's services within Bath and North East Somerset Council, as well as with partner organisations, to:

• Ensure the best possible outcomes for children and young people with SEND.
• Remain fully compliant with the Children and Families Act 2014, its regulations, and the Code of Practice.

To provide comprehensive support, we may share your information with relevant professionals, other council departments, and partner organisations involved in delivering services to children and young people with SEND.

We use your personal information to:
• Identify your child or young person's SEND needs
• Clarify your child or young person's needs
• Identify the support they require which will help them to achieve their outcomes
• Identify who we need to speak to, so we can ask them to send us information and advice relating to your child
• Make decisions about whether to conduct an education, health and care needs assessment and following this whether to issue an Education, Health and Care Plan (EHCP)
• Support the review of the provision provided in education settings at SEN support
• Keep you up to date on SEND related news and developments
• Support disagreement resolution processes
• Enable coordinated working with other teams and organisations, including teams who provide support to adults with previously identified SEND including adult social care
• Evaluate and quality assure the services we provide
• Inform future commissioned services and educational placements requirements
• Provide workshops, events or courses that you choose to attend (sending confirmation of workshop booking, evaluation forms to attendees following the workshop, collect data on the evaluation responses for further development of workshops)

Profiling and automated decision making

Not applicable

GDPR condition relied upon for processing personal data:

Article 6.1 c - legal obligation
Article 6.1 e - Exercise of official authority
Children and Families Act 2014

GDPR condition relied upon for processing special category data

Article 9.2 b - Social security/social protection
Article 9.2 f - Legal claims
Article 9.2 g - Substantial public interest
Article 9.2 h - Provision of health or social care
Article 9.2 j - Archiving, research, statistics

Sharing of personal data with external recipients

Who we share your personal information with:

• Teams within B&NES Council or those working with B&NES Council to improve outcomes for children and young people
• Commissioned providers of local authority services (such as education or health services)
• Schools, colleges and early years providers as well as wider education or training providers to ensure children and young people can access timely assessment and support
• Educational Psychologists employed by the Local Authority to undertake work in our schools and settings to ensure children and young people can access timely assessment and support
• Partner organisations, where necessary, which may include NHS teams, health visitors, midwives, district councils, housing providers, Police, school nurses, doctors and mental health workers
• Other local authorities and social care or health providers outside of the Local Authority to ensure children and young people can access timely assessment and support if they move out of the local area
• Department of Education
• Providers of independent advice and guidance to ensure children and young people can access timely assessment and support if they move out of the local area
• Mediation services.
• We share information to resolve disagreements as part of informal processes such as Ways Forward meetings.
• For people who have signed up to receive email updates we use email and The Hub to send communications to you.
• We will share personal information with law enforcement or other authorities if required by applicable law.

How long is the personal data retained by the Council?

We keep children and young people's information from their date of birth until they reach the age of 25. Additionally, the SEND and Educational Psychology services keep information for 6 years after the date of last involvement, for those young people supported between the ages of 20 and 25. After this time the information is made inaccessible to system users and securely destroyed.

For online workshops, we will hold your personal information securely and retain it until the course attendance data and evaluation responses have been processed, after which the information is made inaccessible to system users or securely destroyed.

You have the right to request access to the information we hold about you or your child and to request corrections if necessary. Please contact us if you have any concerns or need further details about how your data is managed.

For more information on how we protect your privacy and your rights under the law, please visit our privacy policy and privacy policy for children and young people.

We work together with other children and young people's services in B&NES Council and with partner organisations to ensure we deliver the best possible outcomes for children and young people with SEND in B&NES, and to ensure we are fully compliant with the Children and Families Act 2014 and its associated regulations and Code of Practice.

Records are retained within our secure system “Liquid Logic”.

Questions or concerns?

Please email data_protection@bathnes.gov.uk 

Appeals to the Information Commissioner’s Office

If you are unhappy about the way we have treated your personal data, or feel we have not properly respected your data subject rights, you have the right to contact the Information Commissioner’s Office (ICO) and tell them about this.

You can also contact the ICO by phone on 0303 1231113.