Westmorland and Furness Council privacy notice Special Educational Needs and Disability (SEND)

Our Special Educational Needs and Disabilities (SEND) team supports SEND children and young people from the age of zero to 25 years. These children may have a learning disability and may need more support than a mainstream school can usually provide. 

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What information we collect

We need some personal data from you. This includes:

  • name
  • address
  • telephone number
  • email address
  • date of birth
  • parent or carer name(s) 
  • gender

We need some special category data from you. This includes:

  • national curriculum and attainment data including assessment results 
  • attendance and exclusion rate information
  • information from previous and current early years providers, schools and post 16 providers
  • any information from other Local Authority SEN teams
  • any health and medical information
  • any social care information
  • any personal characteristic

We do not need any criminal and law enforcement data from you.

How we collect your data 

We’ll collect data from you by:

  • a form
  • online
  • you contacting a service or officer in person
  • in writing
  • telephone 

We might also receive your personal data from other agencies or local authorities. 

Why we collect your data

We collect your data so we can:

  • consider and possibly conduct a statutory joint educational, health and care needs assessment 
  • consider if top up funding is required for children/young people with identified SEN
  • include in an Education, Health and Care Plan/Graduated Support Plan (if applicable)
  • consult with transitioning educational/care settings for future placements 
  • provide education support for children and young people with special educational needs
  • be able to monitor, review and report on progress 
  • ensure the safeguarding of children and young people
  • ensure the medical health, safety and wellbeing of children and young people

Who we collect data from 

We collect data from:

  • parents or carers of children and young people where the child is of statutory school age
  • young people over statutory school age (unless they lack the capacity to do so, as defined within the Mental Capacity Act 2005)
  • other departments within the council such as adults or children’s social care, educational psychologists
  • health services 
  • schools or post-16 settings previously or currently attended
  • early years providers previously or currently attended
  • representatives of other organisations the child or young person is known to

Who we share your personal data with

Where there is a lawful reason to do so, we may share your data with:

  • any previous, current or potential transitioning early years provider, school, virtual school or post‑16 provider
  • other council teams 
  • other local authority SEND teams (if moving into or leaving Westmorland and Furness)
  • information, advice and support service (SENDIASS)
  • Special Educational Needs & Disability Tribunal (SENDIST)
  • Department for Education (DfE)
  • Ofsted
  • local NHS trusts and integrated care boards
  • other health professionals
  • other external professionals

We are required, by law, to pass certain information about children and young people to the Department for Education (DfE) for statutory returns.

We process personal data by selecting at least one legal basis from:

  • UKGDPR Article 6(1) (a) Consent 
  • UKGDPR Article 6(1) (c) Legal Obligation
  • UKGDPR Article 6(1) (d) Vital Interests
  • UKGDPR Article 6(1) (e) Public Task/Public Interest/Official Authority 

Where we’re relying on UKGDPR Article 6(1)(c), all relevant legislation is listed below.

We process special category personal data by selecting at least one legal basis from:

  • UKGDPR Article 9(2) (b) Employment/social security and social protection 
  • UKGDPR Article 9(2) (f) Necessary for the establishment, exercise or defence of legal claims 
  • UKGDPR Article 9(2) (g) Substantial public interest 
  • UKGDPR Article 9(2) (h) Preventive or occupational medicine
  • UKGDPR Article 9(2) (j) Archiving, scientific/historical research or statistical purposes

Relevant legislation 

The relevant legislation includes:

  • SEND Code of Practice 
  • Children and Families Act 2014
  • Education Act 1996
  • Care Act 2014
  • Special Educational Needs and Disability Regulations 2014