·         Personal information (such as name, unique pupil number and                   address)

·         Characteristics (such as ethnicity, language, nationality, country of             birth and free school meal eligibility)

·         Attendance information (such as sessions attended, number of                   absences and absence reasons)

·         Assessment information

·         Medical conditions

·         Special Educational Needs and Disability

·         Behaviour and exclusions

We use the pupil data:

·         to support pupil learning

·         to monitor and report on pupil progress

·         to provide appropriate pastoral care

·         to assess the quality of our services

·         to comply with the law regarding data sharing

·         to safeguard pupils

On the 25th May 2018 the Data Protection Act 1998 will be replaced by the General Data Protection Regulation (GDPR). The condition for processing under the GDPR will be:

Article 6

1. Processing shall be lawful only if and to the extent that at least one of the following applies:

(c) Processing is necessary for compliance with a legal obligation to which the controller is subject;

Article 9

1.    Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or 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 shall be prohibited.

2. Paragraph 1 shall not apply if one of the following applies:

 (j)  Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

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.'

The 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.

Collecting pupil information

Whilst the majority of pupil information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the General Data Protection Regulation, we will inform you whether you are required to provide certain pupil information to us or if you have a choice in this.

We hold pupil data until your child moves to another school or unless your child is SEN then their files will be kept for 25 years.

We routinely share pupil information with:

·         schools that the pupil’s attend after leaving us

·         our local authority

·         the Department for Education (DfE)

·         NHS/school nurse

.         Counselling services

.         Speech and Language services

.         Shine Therapy services

.         Educational Psychology services

We do not share information about our pupils with anyone without consent unless the law and our policies allow us to do so.

We share pupils’ data with the Department for Education (DfE) on a statutory basis. This data sharing underpins school funding and educational attainment policy and monitoring.

We are required to share information about our pupils with our local authority (LA) and the Department for Education (DfE) under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.

The school shares class list information with providers in connection with the following public health screening programmes:

National Child Measurement Programme (NCMP)

The lawful basis for processing personal data is:

Art. 6 (1) (e) GDPR:  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.

 The personal data processed in respect of these two public health screening programmes includes personal data revealing ethnic origin which is classified as special category personal data under Art. 9 GDPR which merit special protection and consequently a further condition for processing is required. The additional lawful basis for processing special category personal data (specifically ethnic origin) is:

Art. 9 (2) (i) GDPR: Processing is necessary for reasons of public interest in the area of public health.

Dental Screening Survey & Vision Screening Programmes

The lawful basis for sharing personal data is:

Art. 6 (1) (f) GDPR: Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.

The legitimate interest is to provide public health services and improve health and wellbeing outcomes for children and young people, which falls outside the task of schools as public authorities to provide education to children and young people.

Processing is necessary as only schools hold up to date class list/address data to facilitate:

·         Any necessary follow-up arrangements, in response to identified                 need or to promote health and wellbeing, by a health professionals.             Contact is arranged with the child/ young person or with parents/                 carers.

·         Any appointments being sent to the parent/guardian of a child who             requires further assessment of their optical health needs –  or to                 arrange follow-up as indicated by the initial screening tests. 

The LEA only receive snapshot census data 3 times per year.

It is in the child's interests to be offered an appointment to treat any identified further health needs. Some conditions such as amblyopia (lazy eye) are much more difficult to treat if left undiagnosed after the age of 8 and can result in permanent vison loss. 

Optical and oral health are important aspects of a child’s overall health status

To find out more about the data collection requirements placed on us by the Department for Education (for example; via the school census) go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.

The National Pupil Database (NPD)

The NPD is owned and managed by the Department for Education and contains information about pupils in schools in England. It provides invaluable 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 pupils to the DfE as part of statutory data collections such as the school census and early years’ census. Some of this information is then stored in the NPD. The law that allows this is the Education (Information About Individual Pupils) (England) Regulations 2013.

To find out more about the NPD, go to https://www.gov.uk/government/publications/national-pupil-database-user-guide-and-supporting-information.

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.

For more information about the department’s data sharing process, please visit: https://www.gov.uk/data-protection-how-we-collect-and-share-research-data

For information about which organisations the department has provided pupil information, (and for which project), please visit the following website: https://www.gov.uk/government/publications/national-pupil-database-requests-received

To contact DfE: https://www.gov.uk/contact-dfe

Under data protection legislation, parents and pupils have the right to request access to information about them that we hold. To make a request for your personal information, or be given access to your child’s educational record, contact Sheila Martin, School Business Manager.

You also have the right to:

·         object to processing of personal data that is likely to cause, or is                 causing, damage or distress

·         prevent processing for the purpose of direct marketing

·         object to decisions being taken by automated means

·         in certain circumstances, have inaccurate personal data rectified,               blocked, erased or destroyed; and

·         claim compensation for damages caused by a breach of the Data               Protection regulations

If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/concerns/

If you would like to discuss anything in this privacy notice, please contact:

the School Business Manager

The public health team in Lancashire County Council offer services for children, young people and families that aim to improve their health and wellbeing.  These include some children's health services and health screening programmes that are provided in schools. We know that improving children's health and wellbeing provides them with the best start in life and they are likely to achieve better at school, so improving health is important. Providing these services means early help or support can be provided or they can find health conditions early which can then be treated.

The services will provide you with further information regarding their service offers and you have the opportunity to opt your children out. This is directly organised by the relevant service.

These services are presently offered in schools:

• National Child Measurement Programme (NCMP): Every year children in reception and year 6 are weighed and measured by the school nurse team to assess the level of childhood obesity locally and nationally. This information is entered into a secure national database in order for Public Health England to drive health improvement and planning. The information helps public health to target activities to areas with high percentages of overweight children and is shared anonymously with all Lancashire County Council (LCC) schools. The local public health teams who also look at this data so they can support health improvement and planning. The school nurse team may be providing you with further feedback and sources of further advice to some parents/ guardians following the NCMP. LCC identify the children, in reception and year 6, in local authority schools and share these details with the school nurse teams so they can undertake the programme.
• Dental screening survey: Pennine Care NHS Trust check the teeth of a sample of children each year in a few randomly selected schools. They share the results anonymously with Public Health England (PHE). PHE and the local authority (LCC) then have an understanding of oral health problems and what health improvements or campaigns are needed in order to improve oral health. This survey is usually reception aged children but at other times this could be other school aged children. The specific class lists for schools randomly selected to be part of this sample are shared with the NHS to allow them to contact you to ask if you are OK with your child's teeth being checked.
• Vision screening: Children in reception year are offered an eye test by East Lancashire Hospitals NHS Trust (ELHT) in partnership with Blackpool Teaching Hospitals NHS Trust. This is a specific screening programme that identifies children who need a more thorough check–up or treatment. The children identified are signposted to orthoptic services, usually in hospital or local community services. LCC identify the children, in reception, in local authority schools so they can be offered a vision screen.
• School nursing services: School nursing services offer a health needs assessment in the form of a health questionnaire to all reception, Year 6 and Year 9 pupils. They may then follow up with you or your child if they feel there is a need or issue with their health. An anonymised school report is shared with the schools so they can understand their school's health needs. Nurses can then advise schools with any health promotion activities or to support Personal, Social, Health Education (PSHE) planning. Lancashire County Council will also use the anonymised information to understand and improve the population health needs of children and young people in Lancashire so we can make plans and actions. The school nurses teams follow their organisation's consent requirements when offering health reviews. Schools in Lancashire have named school nurses so that you can contact them between these questionnaires if you want to and school nurses may see some children between these contact points if responding to need or to provide health advice.
• The services will provide you with further information regarding their service offers and you have the opportunity to opt your children out. This is directly organised with the relevant service.

 National Child Measurement Programme (NCMP)

• Schools in Lancaster, Fylde and Wyre – Blackpool Teaching Hospitals NHS Foundation Trust
• Schools in Preston, Chorley, South Ribble, West Lancashire, Burnley, Hyndburn, Pendle, Rossendale and Ribble Valley - Lancashire Care Foundation NHS Trust

Vision screening

• Schools Preston, Chorley, South Ribble, West Lancashire, Burnley, Hyndburn, Pendle, Rossendale and Ribble Valley - East Lancashire Hospitals Trust
• Schools in Lancaster, Fylde and Wyre - Blackpool Teaching Hospital

Dental screening survey

• All schools in Lancashire - Pennine Care Foundation Trust

School nursing

• Schools in Lancaster, Fylde and Wyre - Blackpool Teaching Hospitals NHS Foundation Trust
• Schools in Preston, Chorley, South Ribble, West Lancashire, Burnley, Hyndburn, Pendle, Rossendale and Ribble Valley - Lancashire Care Foundation NHS Trust

Lancashire County Council will share the following categories of information with the partners listed above:

• Name
• Date of birth/age
• Address
• Gender
• Ethnicity (N.B. not in relation to Vision Screening)

Lancashire County Council has a general duty to share health and social care data under Health and Social Care Act 2012 (section 251B)

“Duty to share information
(1) This section applies in relation to information about an individual that is held by a relevant health or adult social care commissioner or provider (“the relevant person”).
(2) The relevant person must ensure that the information is disclosed to—
(a) persons working for the relevant person, and
(b) any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual,
but this is subject to subsections (3) to (6).
(3) Subsection (2) applies only so far as the relevant person considers that the disclosure is—
(a) likely to facilitate the provision to the individual of health services or adult social care in England, and
(b) in the individual's best interests.
(4) The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply—
(a) the individual objects, or would be likely to object, to the disclosure of the information;
(b) the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
(c) for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (2).
(5) This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—
(a) any provision [of the data protection legislation], or
(b) a common law duty of care or confidence.”

The conditions use to process the personal data under the General Data Protection Regulation (GDPR) 2018 and Data Protection Act 2018 vary depending on purpose of the data share. Each purpose and the conditions for sharing will be outlined below.

National Child Measurement Programme (NCMP)

The condition for Lancashire County Council sharing personal data for the purpose of the National Child Measurement Programme under the GDPR is:

Article 6 (1) (c):

Processing is necessary for compliance with a legal obligation to which the controller is subject

National Health Service Act 2006 – schedule 1, paragraph 7B states that “the Secretary of State may by regulations (a) authorise the disclosure by any person with whom arrangements under paragraph 7A are made, to any person carrying out the weighing or measuring, of prescribed information relating to the children concerned; (b) require any weighing and measuring provided for [by a local authority] under paragraph 7A to be carried out in a prescribed manner and after compliance with any prescribed requirements, (c) make provision authorising any resulting information relating to a child, together with any advisory material authorised by or under the regulations, to be communicated in a prescribed manner to a person who is, or is treated by the regulations as being, a parent of the child, and (d) make other provision regulating the processing of information resulting from any weighing or measuring provided for [by a local authority] under paragraph 7A and of any other prescribed information relating to the children concerned.”  

The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013/218 - “where a local authority provides for a weighing and measuring exercise, personal information relating to the children concerned may be disclosed for the purposes of that exercise — (a) by the local authority to the person carrying out the weighing or measuring of the children on behalf of the local authority; and (b) by the proprietor of the school concerned to the local authority or to the person carrying out the weighing or measuring of the children on behalf of the local authority.”

The condition for Lancashire County Council sharing special category personal data (relating to racial or ethnic origin) for the purpose of the National Child Measurement Programme under the GDPR is:

Art. 9 (2) (g):

Processing is necessary for reasons of substantial public interest, on the basis of Union or Member State Law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

Dental screening survey

The conditions for Lancashire County Council to share school class list data with the provider under GDPR for the purpose of the dental screening survey is:

Article 6 (1) (c):

Processing is necessary for compliance with a legal obligation to which the controller is subject

NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012

“(1) Each local authority shall have the following functions in relation to dental public health in England.
(2) A local authority shall provide, or shall make arrangements to secure the provision of, the following within its area—
(a) to the extent that the authority considers appropriate for improving the health of the people in its area, oral health promotion programmes;
(b)     oral health surveys to facilitate—
(i)      the assessment and monitoring of oral health needs,
(ii)      the planning and evaluation of oral health promotion programmes,
(iii)     the planning and evaluation of the arrangements for provision of dental services as part of the health service, and
(iv)    where there are water fluoridation programmes affecting the authority’s area, the monitoring and reporting of the effect of water fluoridation programmes.”

The condition for Lancashire County Council to share special category personal data (relating to racial or ethnic origin) for the purpose of the Dental Screening Survey under the GDPR is:

 Art. 9 (2) (g):

Processing is necessary for reasons of substantial public interest, on the basis of Union or Member State Law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

Vision screening

The condition for Lancashire County Council to share class list and pupil contact details with the vision screen provider under the GDPR will be:

Article 6 (1) (e):

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

Lancashire County Council has a duty to share data with health care providers under the Health and Social Care Act 2012 (section 251B).

School Nursing Service

The condition for Lancashire County Council to share class list and pupil contact detail with the school nurse provider under the GDPR will be:

Article 6 (1) (e):

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

Lancashire County Council has a duty to share data with health care providers under the Health and Social Care Act 2012 (section 251B).

How information is used

The information will be used to facilitate the named health service being able to offer the contacts, health screen or assessment.

Individually – the contacts from a vision screen, or school nurse health assessment ensures that children or young people receive individual appropriate advice, car, support or further referral.

Schools – schools receive anonoymised (without details of children names or details) summaries of health questionnaires and NCMP data to influence Healthy School approaches including PSHE lessons or activity.

Local authority (LCC) use the information at an anonymised level (without details of children names or details) to influence service planning and local public health initiatives,

Nationally - Public Health England will utilise the data from NCMP and the dental health screen for statistical comparisons (anonymised) and to influence national policy and health guidance recommendations.

The Data Protection Act 2018 defines personal and sensitive information as:

Personal information is:

• Information/Data which relates to a living, individual who can be identified from the data or other data/information that Lancashire County Council holds
• This could be single elements or a combination e.g. names, addresses, occupation, date of birth etc.it could also include opinions about them and intentions towards them.

Special category data is:

• Physical or mental health, racial or ethnic origin, political opinions, trade union membership, sexual life, criminal allegations or record.

Lancashire County Council 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.

If you would like more information concerning this arrangement then please contact:

Lancashire County Council is a registered data controller with the Information Commissioner’s Office. You can search the register of data controllers (external link) to find out more about:

• Reasons/purposes for which we process information
• Type/classes of information we process
• Who we process information about
• Who we may share information with

Lancashire County Council's full privacy notice contains further information about your rights under GDPR, how to make a compliment, comment or complaint and the council's Data Protection Officer. It also contains information about the Information Commissioner's Office.