The Bemrose Privacy Notice
This Privacy Notice is sent by schools in the Autumn Term of each year and provides information about the processing of pupil’s personal data.
The Bemrose School processes personal data about its pupils and is a “data controller” in respect of this for the purposes of the Data Protection Act 1998. It processes this data to:
- Support its pupils “teaching and learning”
- Monitor and report on their progress
- Provide appropriate pastoral care
- Support a young person in their transition to a post 16 provider of education or training
- Assess how well the school as a whole is doing.
This data includes contact details, national curriculum assessment results, attendance information, characteristics such as ethnic group, special educational needs and any relevant medical information.
This data may only be used or passed on for specific purposes allowed by law. From time to time the school is required to pass on some of this data to local authorities (LA), the Department for Education (DfE), and to agencies that are prescribed in law, such Ofsted, the Education Funding Agency (EFA), the Department of Health (DH), Primary Care Trusts (PCT), and the Skills Funding Agency (SFA) that require access to data for the Learner Records Service. All these are data controllers in respect of the data they receive and are subject to the same legal constraints by law in how they deal with the data.
The Local Authority (LA) uses information about children for whom it provides services, to enable it to carry out specific functions for which it is responsible, such as the assessment of any special educational needs the child may have. It also uses the information to derive statistics to inform decisions on (for example) the funding of schools, and to assess the performance of schools and set targets for them.
On the 1st April 2011 Connexions (13-19 age group advice service) was fully integrated into Derby City Council, and as such one organisation in terms of information sharing and protocols. Below details are provided as to how Derby City Council will share it‟ data with partner organisations to assist in providing children and young people with the best start in life and to provide information that will assist in informing good choices through transition to adulthood.
Raising of the Participation Age
The law is changing from the summer of 2013 so that 16 year olds will need to participate in education or training to the end of the academic year in which they are 17, and for 17 year olds to their 18th birthday from Summer 2015.
Any provider or education or training must by law inform the Local Authority (LA) of any young person who “drops out” from post 16 education or training from their institution. It is the duty of the LA to promote the effective participation in education or training of all 16 and 17 year olds resident in their area; and make arrangements to identify young people resident in their area who are not participating. If at any point a when a young person, by law, should be participating and they are either not in education, employment or training (NEET) or it is not known what they are doing, the LA will pass on the young persons details to providers of education, training or support who will be able to assist the young person to participate.
Information will only be shared when it allows the young person to fulfil their statutory duty to participate.
Post 16 Providers attended by Derby Learners
The school will share demographics and personal characteristics of a young person with post 16 providers who are a progression route for Derby learners. These providers may be able to offer choices to the young person which could improve their life chances and enable them to make a positive contribution. The information will also be shared as part of the September Guarantee Process which is a statutory obligation for Children Services to ensure that all young people are offered appropriate learning opportunities.
However, parents, or the pupils themselves if aged 16 or over, can ask that no information beyond name and address (for pupils and parents) be passed on to Post 16 providers. If as a parent, or as a pupil aged 16 or over, you wish to opt-out and do not want Post 16 providers to receive from the school information beyond name and address, then please contact your school: The Bemrose School and Sixth Form, Uttoxeter New Road, Derby, DE22 3HU
The processing of pupils‟personal data by the other organisations is outlined below:
Ofsted uses information about the progress and performance of Children to help inspectors evaluate the work of schools, to assist schools in their self-evaluation, and as part of Ofsted‟s assessment of the effectiveness of education initiatives and policy. Ofsted also uses information about the views of children and young people, to inform children‟s services inspections in local authority areas. Inspection reports do not identify individual Children.
Aviation House, 125 Kingsway, London WC2B 6SE;
The Skills Funding Agency uses information about Children aged 14 and over (or enrolling for post-14 qualifications) for statistical purposes in order to evaluate and develop education policy and monitor the performance of the education service as a whole. Further information on how this data is used may be found Skills Funding Agency website.
The Chief Executive of Skills Funding also administers the Learning Records Service (previously known as the Managing Information Across Partners Programme) which uses a minimum set of personal data to:
- Issue and maintain a Unique Learner Number (ULN) for children of 14 years and over and for those registering for post-14 qualifications
- Create and offer a Personal Learning Record (PLR)
- Enable advice and guidance to be offered to the learner (for example, helping to choose the right course)
- Facilitate the processing of qualification awards by approved awarding organisations.
Approved organisations (including other schools) will be allowed to access the limited set of personal data. More information on the Personal Learning Record, Unique Learner Number, Learner Plan and Qualification Credit Framework is available on the Learning Records Service website. This sharing of data reduces the need for learners having to supply the same information repeatedly to different organisations and significantly reduces the risk of inaccurate information being held about them. Details of how an individual may opt-out of sharing achievement data in their
Personal Learning Record with these organisations are also available from the Learning Records Service.
Cheylesmore House, Quinton Road, Coventry, Warwickshire CV1 2WT
The Department of Health uses anonymised information about Children‟ height and weight collected in primary and middle schools as part of the National Child Measurement Programme to inform, influence and improve health policy. The Department of Health also provides aggregate PCT-level data to the Care Quality Commission for performance assessment of the health service.
Skipton House 80 London Road London SE1 6LH;
The Department for Education (DfE) uses information about Children for research and statistical purposes in order to inform, influence and improve education policy and to monitor the performance of the education service as a whole. Child level information may be matched with other data sources that DfE holds in order to model and monitor their educational progression and to provide comprehensive information back to local authorities (LAs) and learning institutions to support their day-to-day business. DfE may also use contact details from these sources to obtain samples for statistical surveys which may be carried out by research agencies working under contract to DfE. Participation in such surveys is usually voluntary. DfE may also match data from these sources to data obtained from statistical surveys.
Child level data may also be shared with other Government departments and agencies (including the Office for National Statistics) for staistical or research purposes only. In all these cases, the matching will require that individualised data is used in the processing operation but that data will not be processed in such a way that it supports measures or decisions relating to particular individuals or identifies individuals in any results. This data sharing will be approved and controlled by the Department’s Chief Statistician.
DfE may also disclose individual Child information to independent researchers into the educational achievements of Children who have a legitimate need for it for their research, but each case will be determined on its merits and subject to the approval of the Department’s Chief Statistician. DfE’s powers to pass data to researchers are derived from The Education (Individual Child Information) (Prescribed Persons) (England) Regulations. These regulations restrict the researchers who may receive data to ‘persons conducting research into the educational achievements of Children and who require individual Child information for that purpose’.
DfE is the Data Controller for the purposes of the Data Protection Act. Further information is available about the third party organisations to which DfE also passes Child datas the law allows.
Children, as data subjects, have certain rights under the Data Protection Act, including a general right of access to personal data held on them. Their parents exercise this right on their behalf if they are too young (under 12) to do so themselves. If you wish to access the personal data which DfE holds about your child, then please contact the Department
Telephone: 0870 000 2288
Further information or queries
If you have any queries or are concerned in relation to data sharing, you can contact the Council’s Information Governance Manager by email or telephone:
Email – Alison.email@example.com
Telephone – 01332 643232
Information provided by the school to a post 16 provider is intended to help over come barriers to participation and help the young person to access the appropriate support in their transition from Y11 to Post 16 education or training.
However, parents, or the pupils themselves if aged 16 or over, can ask that no information beyond name and address (for pupils and parents) be passed on to Post 16 providers. If as a parent, or as a pupil aged 16 or over, you wish to opt-out and do not want Post 16 providers to receive from the school information beyond name and address, then please contact your school.
The information which will be shared is detailed below:
- Young person’s full name
- Unique Learner Number / Unique Pupil Number
- Full address, including postcode
- Contact telephone numbers
- Academic attainment
- Looked After/In Care
- Caring for own child
- Refugee/Asylum Seeker
- Carer not own child
- Care Leaver
- Pregnancy / father to be
- Teenage Parent
- Learning Difficulties and/or Disabilities
- Behavioural, Emotional and Social Difficulties
- English as an Additional Language
- Attendance data
- Exclusion data
- Pre-16 Early Intervention database rating
- Has been or is receiving support via the Team Around the School (Lead Professional, Common Assessment Framework (CAF), Team Around the Child (TAC))*
*This information will only be disclosed if the young person has given consent through the CAF process
Data sharing between local authorities and Post 16 providers
1. The legislation local authorities should take into account when considering local information sharing arrangements for the implementation of RPA for 16 and 17 year-olds. The two relevant legislative provisions for data sharing are sections 68 and 77 of the Education and Skills Act 2008. These are set out in Annex 3. Section 77 allows a local authority to supply information about young people to an organisation that is providing services under section 68.
2. The Department for Education considers that by putting in place a written agreement on how they will work with the providers, local authorities will be entering into arrangements with those providers for the provision of section 68 services. This allows the local authority to provide details of eligible young people to the providers in their area. It would also allow the local authority to confirm the status of young people who have been identified independently by the provider.
3. In keeping with normal practice, both providers and local authorities will want to ensure that the use of young peoples‟data is consistent with their Data Controller registrations and privacy notices prior to sharing data.
4. In addition local authorities and providers must comply with the Data Protection Act, applying the normal data protection principles that relate to processing personal data. Explicit consent to share is not essential provided that “the processing is necessary for compliance with any legal obligation” (i.e. the section 68 duty). Again both parties should satisfy themselves that they are compliant. The Information Commissioner‟ Office data sharing code of practice should help in this regard. Local authorities may also want to consider updating their consent forms with details of relevant organisations involved.
Legislative provision governing data sharing by a local authority
1. Section 68 of the Education and Skills Act 2008 (Support Services: Provision by local education authorities), states that:
(1) A local education authority in England must make available to young persons and relevant young adults for whom it is responsible such services as it considers appropriate to encourage, enable or assist the effective participation of those persons in education or training.
(2) Subsection (1) is subject to any direction given by the Secretary of State under section 69.
(3) For the purposes of this section and section 69, a local education authority makes services available if it:
(a) provides them, or
(b) makes arrangements with another local education authority or another person for their provision.
2. Section 77 of the Education and Skills Act 2008 (Supply of information by public bodies), states that:
(1) Any of the persons or bodies mentioned in subsection (2) may supply information about a young person or relevant young adult to any person or body involved in the provision of services in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services.
(2) Those persons and bodies are: