Education, Health and Care (EHC)

​This notice explains what personal data (information) we hold about you, how we collect it, how we use it and how we may share information that we hold about you in order to deliver our services. We are required to give you this information under data protection law. Northamptonshire County Council is committed to protecting your privacy when you use our services. The Privacy Notice below explains how we use information about you and how we protect your privacy.

Northamptonshire County Council (NCC) complies with data protection legislation (the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) and is registered as a 'Data Controller' (Reg. No. Z7589390).

Who we are

Children First Northamptonshire is part of Northamptonshire County Council and provides services in the following areas:

  • Adoption and Fostering
  • Help and Protection for Children
  • Early Years
  • Schools and Education
  • Special Educational Needs and Disability
  • Youth Offending Service

The Education, Health and Care Service carries out the local authorities duties regarding the support for children and young people with special educational needs and / or disabilities as defined in the Children and Families Act 2014. This requires the team to consider requests for assessment, co-ordinate the multi-agency assessment if one is agreed and write and maintain Education, Health and Care Plans if issued following assessment.

An EHC plan identifies a child's special educational needs, and where relevant, brings together education, health and care services to achieve agreed outcomes. An EHC plan will only be written for an eligible child on the completion of a SEND needs assessment. Children, young people and families are at the centre of the assessment and planning process and the focus is very much on what is important for the child or young person – what they want to achieve now and in the future. Northamptonshire County Council is responsible for making sure the plan is well co-ordinated.

What personal information do we collect to deliver this service?

In the course of delivering these statutory services, we will collect the following personal information (these lists are not exhaustive):

  • personal information such as your name, address, contact details, date of birth, gender and language
  • special category information such as ethnicity, religion, disabilities, immigration status, mental health information, photographs
  • assigned professional or practitioner details
  • attendance at NCC provided training
  • Child in Care status, Care Order details, care history
  • education information, history and exclusion details
  • Early Years Foundation Stage Profile
  • funding LEA
  • family composition and contact details of parents or carers
  • GP details
  • home to school transport details
  • Pupil Premium details
  • current school or schools applied for
  • short break allocation or number of nights used

We may also collect the following information from schools or education provider:

  • details of payments to schools
  • DFE number (setting)
  • Ofsted category
  • bank details
  • student numbers on roll

We will seek information from other sources including:

  • other Northamptonshire County Council departments
  • your GP in regard to your health
  • assigned professional or practitioner
  • school
  • Ofsted

How we collect this personal information

We collect personal information in the following ways:

  • face to face
  • assessment or report
  • telephone
  • email
  • statutory referrals

How your personal information is stored

We hold data securely for the set amount of time detailed in our records Retention Schedule. For more information in regards to this and how we keep your information safe please check our Records retention schedule.

Purposes of collecting this personal information

  • assessments
  • service delivery
  • service improvement
  • service planning or research

How we use this personal information

  • to consider if a statutory assessment is required
  • to undertake a statutory assessment if required
  • to draw up an EHC plan if required
  • to maintain the EHC plan for as long as it is required
  • to monitor workloads to ensure there is capacity to meet statutory timelines
  • to evaluate and quality assure the services we provide and to ensure that they are outcome and child or young person centred

How long your personal information is held for

Information which you have provided the Council will be stored securely in line with the retention periods shown below after which time it is archived or securely destroyed, unless we are required by law to retain records for longer than the stated retention period. The information will only be used for the purposes stated when it was collected. Information will not be sold, rented or provided to anyone else, or used for any other purpose than that for which it was originally collected unless required to by law.

​Category of information​Retention period
​All records relating to the management of special educational needs assessments​Retain from date of birth of child for 75 years
​All records relating to the development and implementation of special needs coordinated support plans​Retain from date of birth of child for 75 years

What is the legal basis for the collection and use of your personal information?

We collect and use your personal information in order to:

  • perform a Statutory Duty
  • perform a Public Duty
  • perform a Regulatory Duty
  • to enable service delivery
  • to enable official reporting
  • management of funding and grants
  • voluntary basis (for example, parents or carers that wish to home school)

The additional legal bases that govern and direct the delivery of services is as follows:

  • Children and Families Act 2014
  • Education Act 2002
  • SEND Code of Practice 2015

Who we may share your information with

If required we will share your information with other Northamptonshire County Council (NCC) departments such as:

  • Adults, Communities and Wellbeing
  • Children First
  • Education and Universal Services
  • LGSS Legal

We may also share your information outside of NCC with the following organisations (this list is not exhaustive):

  • Commissioned Delivery Partners
  • Department for Education
  • Department for Work and Pensions
  • Independent Education providers
  • Judicial agencies
  • Local Authorities
  • Ofsted
  • Police
  • Training providers
  • Voluntary and third sector providers
  • Youth Offending Service

Why do we share this information?

In order for the service to fully carry out its legal duties and to deliver its service it is a necessary requirement to share this information.

We will share personal information with law enforcement or other authorities if required by applicable law.

Your rights

Under GDPR you have rights which you can exercise free of charge which allow you to:

  • know what we are doing with your information and why we are doing it
  • ask to see what information we hold about you (subject access request)
  • ask us to correct any mistakes in the information we hold about you
  • object to direct marketing
  • make a complaint to the Information Commissioners Office
  • withdraw consent at any time (if applicable as this will not be possible in certain circumstances)

Depending on our reason for using your information you may also be entitled to:

  • ask us to delete information we hold about you (if applicable) have your information transferred electronically to yourself or to another organisation
  • object to decisions being made that significantly affect you
  • object to how we are using your information
  • stop us using your information in certain ways

We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties which will override the requirements of the GDPR. Please note, your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioners Office (ICO) on individuals' rights under GDPR.

We are required under Section 6 of the Audit Commission Act 1998 to participate in the National Fraud Initiative data matching exercise. The data held will be used for cross-system and cross authority comparison for the prevention and detection of fraud. For further information see the National Fraud Initiative webpage.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Requesting access to your personal information

Under data protection legislation, parents, carers and children have the right to request access to information that we hold on them. To make a request for your personal information please contact:

FOI/Data Protection Team
Northamptonshire County Council
One Angel Square
Northampton
NN1 1ED

Email: Dataprotection@northamptonshire.gov.uk

Phone: 01604 368 360

If you have a concern about the way we are collecting or using your personal information, you should raise your concern with us in the first instance. GDPR also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted on 03031 231 113. Or see the ICO Website for further details.

Read our corporate privacy statement for more information.

Contact us

If you would like to discuss anything in this Privacy Notice please contact:

Data Protection Officer
Northamptonshire County Council
One Angel Square
Northampton
NN1 1ED

Email DPO@northamptonshire.gov.uk

Phone number: 01604 368 360