DfE Children and young people

In order to comply with the UK General Data Protection Regulation (UK GDPR), where personal data relating to a data subject is collected, Lancashire County Council would like to provide you with the following details.

Identity and contact details of the data controller

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Contact details of the data protection officer

Our Data Protection Officer is Paul Bond. You can contact him at dpo@lancashire.gov.uk or Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Purposes for processing

Why we collect and use this information

Lancashire County Council collects and processors education data regarding children and young people to ensure the following:

Enable us to carry out specific functions for which we are responsible
derive statistics which inform decisions such as the funding of schools
Assess performance and to set targets for schools
Target funds to specific areas where needed
To help facilitate our admissions policy

Youth support services and pupils aged 13+

Once our pupils reach the age of 13, we pass their contact details to the provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996. This enables them to provide of youth support service and careers advice.

A parent / guardian can request that only their child’s name, address and date of birth be passed to their provider of youth support services by informing us at Lancashire County Council. This right is transferred to the child/pupil once he/she reaches the age of 16. Please contact Youth Services.

Pupils aged 16+

We will also share relevant information about pupils not in education, training or employment (such as their contact details) aged 16+ with the provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996.

This enables them to provide the following services:

post-16 education and training
youth support services
careers advice

For more information about services for young people, please visit your local Youth Services.

Why we share this information

We share children and young person’s data with the Department for Education (DfE) on a statutory basis under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013. This data sharing underpins school funding, educational attainment policy and monitoring and enables them to; produce statistics, assess our performance, determine the destinations of young people after they have left school or college and to evaluate Government funded programmes.

We do not share information about children and young people without consent unless the law and our policies allow us to do so.

Data collection requirements

To find out more about the data collection requirements placed on us by the Department for Education (go to, for example; the school census).

The National Pupil Database (NPD)

The NPD is owned and managed by the Department for Education and contains information about children in England. It provides invaluable information on the background and circumstances on a child’s journey and evidence on educational performance to inform independent research, as well as studies commissioned by the Department. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including schools, local authorities and awarding bodies.

We are required by law, to provide information about our children to the DfE as part of statutory data collections. Some of this information is then stored in the national pupil database (NPD). The law that allows this is the Education (Information about Individual Pupils) (England) Regulations 2013.

Find out more about the NPD.

The department may share information about our pupils from the NPD with third parties who promote the education or well-being of children in England by:

conducting research or analysis
producing statistics
providing information, advice or guidance

The Department has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases data to third parties are subject to a strict approval process and based on a detailed assessment of:

who is requesting the data
the purpose for which it is required
the level and sensitivity of data requested: and
the arrangements in place to store and handle the data

To be granted access to pupil information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.

Information about the department’s data sharing process.

Information about which organisations the department has provided pupil information, (and for which project).

Contact DfE

Holiday Activities and Food Programme (HAF)

For the purposes of delivering holiday activities and food programmes across each of the 12 districts in Lancashire. Lancashire County Council is working the Department for Education to deliver this programme. As part of this it is required to process your personal data. Lancashire County Council will ensure the security and confidentiality of personal data at all times.

Category of personal data being processed

Personal data (information relating to a living, identifiable individual)
Special category personal data (racial, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation)

Legal basis for processing personal data

The legal basis for processing your personal data, in accordance with the UK GDPR is:

Legal Obligation: the processing is necessary for you to comply with the law. You must reference the applicable legislation if you wish to rely on this basis for processing.

The Education (Information about Individual Pupils) (England) Regulations 2013 - Regulation 5 'Provision of information by non-maintained special schools and Academies to the Secretary of State' states 'Within fourteen days of receiving a request from the Secretary of State, the proprietor of a non-maintained special school or an Academy (shall provide to the Secretary of State such of the information referred to in Schedule 1 and (where the request stipulates) in respect of such categories of pupils, or former pupils, as is so requested.'

What are the legal gateways being used to share the information?

Education Act 1996 Section 537A – states that we provide individual pupil information as the relevant body such as the Department for Education.

Children's Act 1989 – Section 83 – places a duty on the Secretary of State or others to conduct research.

For the purposes of delivering the HAF Programme

Lancashire County Council are relying on UK GDPR Article 6 (1) (e) Public Task for the purpose of enabling the HAF Programme to take place and in order to provide reporting information to the DfE.

This lawful basis is relied upon by virtue of the following legislation:

Legal basis for processing special categories of personal data

The legal basis for processing your special categories of personal data, in accordance with the UK GDPR is:

(h) Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.

What are the legal gateways being used to share the information?

Education Act 1996 Section 537A – states that we provide individual pupil information as the relevant body such as the Department for Education.

Children's Act 1989 – Section 83 – places a duty on the Secretary of State or others to conduct research.

Recipients of the data

Department for Education (DfE)

For the purposes of delivering the Holiday Activities and Food (HAF) Programme, Lancashire County Council is responsible for sharing and receiving personal data from the following organisations:

Department for Education (DfE) and their partner organisations
District Councils
HAF Programme delivery partner organisations who have responsibility for supporting the HAF programme.

Information we share

Lancashire County Council has a statutory duty to share the information below with the Department for Education (DfE). The sharing of this data is required to facilitate the school funding process and well as the educational attainment policy and monitoring.

Personal information (such as name, date of birth and address)
Characteristics (such as gender, ethnicity and disability, language and free school meal eligibility)
Exclusions and attendance
Special educational needs and disability
Children's social care (looked after children, children in need and child protection)
Post 16 learning information (care leavers)

For the HAF programme specifically, the following categories of personal data are received by Lancashire County Council and sent to the DfE and their partners for reporting purposes:

Gender;
Date of birth;
First name;
Surname;
School name;
Postcode;
Unique Pupil Number (if available)
Number of sessions attended
Parent/carer contact details for each attendee (if available).

Any transfers to another country

Retention periods

Lancashire County Council holds information about young people living in our area, including about their education and training history. This is to support the provision of their education up to the age of 20 (and beyond this age for those with a special educational need or disability). Under parts 1 and 2 of the Education and Skills Act 2008, education institutions and other public bodies (including the Department for Education (DfE), police, probation and health services) may pass information to us to help us to support these provisions.

We will only store your information for as long as is legally required or in situations where there is no legal retention period they will follow established best practice. We will keep some information after you have left the School, for example, so that we can find out what happened if you make a complaint.

We can keep information about you for a very long time or even indefinitely if we need this for historical, research or statistical purposes.

For the purposes of delivery of the HAF Programme specifically, personal data will be retained in alignment with guidelines, these may be subject to change in the event of changes to legislation.

File Type	Description	Retention Period
Email	Emails held in Outlook that have not been exported or moved elsewhere.	Retained in accordance with appropriate internal retention guidelines
Children Education Records	Information held in databases from statutory returns	1 year from the date received

Your rights

You have certain rights under the UK General Data Protection Regulation (UK GDPR), these are the right:

to be informed via Privacy Notices such as this.
to withdraw your consent. If we are relying on your consent to process your data then you can remove this at any point.
of access to any personal information the council holds about yourself. To request a copy of this information you must make a subject access request in writing. You are entitled to receive a copy of your personal data within 1 calendar month of our receipt of your subject access request. If your request is complex then we can extend this period by a further two months, if we need to do this we will contact you. You can request a subject access request, either via a letter or via an email to Information Governance Team, address below.
of rectification, we must correct inaccurate or incomplete data within one month.
to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information.
to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future.
to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked.
to object. You can object to your personal data being used for profiling, direct marketing or research purposes.
in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to exercise any of these rights then you can do so by contacting:

Information Governance Team
Lancashire County Council
PO Box 78
County Hall
Preston
PR1 8XJ

Email: dpo@lancashire.gov.uk

To ensure that we can deal with your request as efficiently as possible you will need to include your current name and address, proof of identity (a copy of your driving licence, passport or two different utility bills that display your name and address), as much detail as possible regarding your request so that we can identify any information we may hold about you, this may include your previous name and address, date of birth and what council service you were involved with.

Further information

If you would like more information about this specific project then please contact enquiries@lancashire.gov.uk.

For more information about how we use personal information see Lancashire County Council's full privacy notice.

If you wish to raise a complaint on how we have handled your personal data, you can contact the Information Governance team who will investigate the matter.

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ or email: dataprotection@lancashire.gov.uk

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO).