Clackmannanshire Council Online

Educational Psychology Privacy Notice

Educational Psychology Privacy Notice

Clackmannanshire Council provides an Educational Psychology Service to support the delivery of education. We will assess children and young people with additional support needs and give advice about appropriate interventions to support children’s learning. We provide support and work alongside other agencies. We will also undertake research and development work.

This notice provides details of what information we collect from you, what we do with it and who it might be shared with.

Data Controller

Your personal information will be processed by Clackmannanshire Council, Kilncraigs, Greenside Street, Alloa FK10 1EB. Our full privacy notice is available to refer to.

You can contact the Council on 01259 450000 or email: dpo@clacks.gov.uk.

Purpose

The Educational Psychology Service collects the information about you and your child or young person in order to provide you with an Educational Psychology Service. It is your choice to access the Educational Psychology Service with the exception of matters of Child Protection, where there are significant concerns about your child’s wellbeing or when there are requests from the Scottish Children's Reporter's Administration.

You may withdraw consent to use our service at any point, although we will require to process the data held in accordance with the retention period outlined below.

Personal information is being collected for the following purposes

• To provide an Educational Psychology Service for children and young people between 0 and 24 years of age. This means it is to provide a service for you or your child.
• To communicate with you or your child about this service and to provide advice to you or your child and to those working with you or your child.
• To contribute to the Child’s Plan or Coordinated Support Plan.
• To undertake research on behalf of the education authority.

Legal basis

The legal basis for processing your information will be one or more of the following:

• Consent (Public authorities can only use this in limited circumstances)
• Legal obligation “processing is necessary for compliance with a legal obligation to which the controller is subject”
• Vital interests
• Public Task “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”

Where we are relying on legal obligation or task carried out in the public interest, below are the key pieces of legislation that apply:

• Education (Scotland) Act 1980
• Education (Scotland) Act 2016
• Education (Disability Strategies and Pupils' Educational Records)(Scotland) Act 2002
• Education (Additional Support for Learning) (Scotland) Act 2004
• Standards in Scotland’s Schools etc Act 2000
• Children (Scotland) Act 1995
• Equality Act 2010
• Children and Young People (Scotland) Act 2014

Information Sharing

We will share your information, as this is necessary to provide an Educational Psychology Service, with the education establishment and the agencies that are part of the Team Around the Child for you or your child.

We may also be asked to share your personal information with outside bodies such as Scottish Children’s Reporter’s Administration and the NHS.

We will only share information with an outside body if you are currently, or if you become, involved with these services.

The only information that we would share with other Council services and outside bodies would be relevant information contained in, or copies of, reports, consultations and letters. This is necessary in order to provide a service under the Scottish Government’s Getting It Right For Every Child policy and in the legislation outlined in the introduction.

If asked to share data, Educational Psychologists will use their professional judgement to identify which information is appropriate and necessary to share with the other professionals involved.

We will share your information with inspection and scrutiny bodies such as Education Scotland. They may review the full data we hold on you or your child as well as the processes we use.

We do not share your information with anyone else, unless we are required to do so by law.

The Council has a duty to protect public funds. We may check your information within the Council for verification purposes and/or for the prevention of fraud. We may share your information with other organisations where we are required to do so for the purposes of the prevention or detection of crime or to comply with court orders.

What personal data is processed

• Your name
• Your child's name
• Your child's date of birth
• Full postal address
• Email address
• Telephone number
• School name, address and telephone number
• Reason for the referral
• Child's additional support needs if any
• Child Protection register status
• Looked After status
• Refugee status
• All copies of your communications with us and our responses
• Assessment information
• Reports on educational progress
• Advice offered
• Intervention records
• Child’s Plan records
• Minutes of meetings
• Action Plans
• Coordinated Support Plans
• Reports from partner agencies and services

Sources of Personal Data

We collect information from you using a variety of different methods including when you complete one of our forms, when you write, email or meet with us.

We may also obtain information about you from other council services and partner services.

Where the information is held

Your information is not transferred outwith the UK.

Retention

We keep your information as long as required by law or by our business requirements. Records are destroyed when your child reaches the age of 25.

Automated decision making

We do not use an automated process for making decisions about you or the services you require.

Your rights

Please note that you have the following rights:

• To withdraw consent at any time, where the legal basis specified above is consent;
• To request access to your personal data;
• To data portability, where the legal basis specified above is
  • consent or
  • performance of a contract;
• To request rectification or erasure of your personal data, as so far as the legislation permits.

If you wish to exercise any of the above rights, please contact the Data Protection Officer on 01259 450000 or email: dpo@clacks.gov.uk.

Right to complain

If you are unhappy with the way the Council have processed your personal data you have the right to complain. Any complaints regarding your data should be addressed to the Data Protection Officer.

If the matter is not resolved, you can contact the Information Commissioner's Office.