The data controller for your data
Brighton & Hove City Council is the data controller for purposes of the Data Protection Act (2018) and The General Data Protection Regulation (EU) 2016/679 ("GDPR") and is registered as a data controller with the Information Commissioner’s Office (ICO) under registration number Z5840053.
Why we’re collecting your data
The council’s Education and Skills Department collects data both from families and from schools for:
- the collection of data for the Schools Census. The census data is collected from schools mainly in order to report the composition of school pupil bodies to the Department for Education
- the collection of data from schools on children aged 13 and over. This enables us to provide Youth Support Services and Careers Advisors
- assessing eligibility for travel assistance for travelling to school / college
- development of statistics which are used to monitor population and demographic trends in local schools and for pupil place planning. The statistics help the council to ensure that funding and resources are deployed throughout the city to best advantage
- monitoring the performance of schools in relation to statutory standards and national benchmarks. This helps the council to identify where a school may be in need of additional support to ensure good educational outcomes for children
- identifying children who may be at risk and intervene with appropriate support
- managing the schools admissions process: the council collects data directly from parents fo this
- identifying disadvantaged children, monitoring their school performance and providing assistance where required
- identifying children educated other than at school, to make contact with the parents and establish that adequate education provision is in place
What is the legal basis for collecting your data
The council processes personal data under the GDPR lawful basis that it is subject to legal obligations as set out below:
- Data for School Admissions is processed under Schools Admissions Code 2014 and School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012 and the School Standards and Frameworks Act 1998. This requires parents and carers to apply for a school place, requests parents/carers to express their school preferences, and allows them an opportunity on the form (and any supplementary form/s) to outline the reasons why they are requesting the school(s) of preference
- Data on schools’ registration is collected from schools under The Education (Pupil Registration) (England) Regulations 2006, as amended
- Data collected from schools on children aged 13 and over is collected as we have legal responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996
- The council also collects information about children and young people in order to comply with the statutory obligations regarding data collection the Education (Information About Individual Pupils) (England) Regulations 2013
- The Schools Census is conducted under an obligation set out in the Education (Information About Pupils) (England) Regulations 2013
- The local authority has a statutory duty set out under Section 436A of the Education Act 1996. This requires the local authority to make arrangements to establish (as far as it is possible to do so) the identities of children who are educated otherwise than at school. As such, the lawful basis for seeking this information under the GDPR is Article 6, 1(c) [Legal Obligation].
All other personal data set out in this privacy notice is used under the GDPR lawful basis of task in the public interest under the official authority of the controller (GDPR Article 6, 1(e)) and substantial public interest (GDPR Article 9, 2(g)).
The council recognises that there is a clear public interest in all pupils having every chance to make the most of their educational opportunity and is committed to ensuring that pupils within the maintained schools have access to support, the resources they need to succeed and a safe and secure school environment.
Data we may collect and where we get it from
In the course of providing the most suitable educational provision and complying with our education duties under the law, we collect the following personal information:
- personal information - like name, address, contact details, date of birth, parent/carer name(s) and contact details, gender, national insurance number or NASS reference
- details of special educational needs and disabilities
- information about physical or mental health
- details of students eligible for pupil premium and free school meals
- details of school attendance and exclusion
We also obtain personal information from the following other sources:
- other organisations or council teams that can provide us with advice and information such as Adult or Children’s Social Services
- schools or post-16 settings currently or previously attended
- early education providers currently or previously attended - like nurseries, pre-schools or childminders
Who we’ll share your data with
Information collected for the Schools Census will be shared with the Department for Education as required by law. In addition, information may be shared with:
- teams within Brighton & Hove City Council working to improve educational outcomes for children and young people
- commissioned providers of local authority services - like youth, education or health services
- schools, colleges and early years providers as well as wider education or training providers
- Educational Psychologists
- IT support providers
- partner organisations signed up to Information Sharing Agreements, where necessary, which may include NHS teams, health visitors, midwives, district councils, housing providers, Police, school nurses, doctors and mental health workers
- other local authorities and social care or health providers outside of the local authority where it is known that a child has moved to that locality or spends time there
We will share personal information with law enforcement or other authorities if required to do so by law.
How long we’ll keep data for and why
Child data will be kept in identifiable form for no longer than necessary as required for the purposes described. Following that, it will be securely deleted or anonymised if it is still required for ongoing statistical and trend analysis purposes.
How your data will be stored
Your data will be stored on the council’s education database and within folders on the council’s secure network.
Will your data be transferred abroad?
You have a right to a copy of the data held about you, the purposes for it, where it came from and with whom it is shared. This right may be restricted by exemptions in the Data Protection Act 2018 in some circumstances.
You have a right to request that inaccurate data be corrected.
Where data is processed under the lawful basis of public interest, you have a right to object to processing and require the council to consider whether the public interest overrides any impact on your personal privacy.
How to get advice or make a complaint
Data protection contact information
If you’d like to discuss your data protection rights, you can contact the Data Protection Team. Only use these contact details if you have questions about data protection and not for questions about other services.
We also have a Data Protection Officer. Visit our data protection officer page to find their contact details.
Please contact the Data Protection Team first if you have any concerns.
You can then contact the Information Commissioner’s Office (ICO). The ICO is the national regulator with responsibility for ensuring compliance with data protection.