Special Educational Needs (SEN) privacy notice

The 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.

Brighton and Hove City Council are committed to protecting your personal information. As a data controller we have a responsibility to make sure you know why and how your personal information is being collected, in accordance with relevant data protection law.

Purposes & Lawful basis of processing

We are collecting your data for the purpose of identifying and clarifying children’s or young people’s Special Educational Needs and Disabilities (SEND). This is to safeguard and support children, monitor progress, and to make decisions about whether or not to conduct an Education, Health and Care Needs assessment. We will also use your data to support you to access relevant support, services and advice.

The SEN Team also assess and approve additional high needs funding applications for children and young people, in relation to their education provision. The SEN team is responsible for carrying out legal obligations under section 19 of the Children and Families Act 2014, and in accordance with Special Education Needs Code of Practice 2015 and 2018.

We are also collecting your data for the purpose of reviewing external placements, financial and budgetary decisions and accurately tracking workflow throughout the team. Our legal basis for collecting this data is because it is considered necessary to enable us to carry out our tasks, functions, duties or powers, or to perform a task carried out in the public interest.

We also collect your special category data, such as health or mental health information under the Provision of Health and Social Care, with respect to the Special Education Needs Code of Practice 2015 and 2018 and Section 19 of the Children and Families Act 2014 and Equalities Act 2010. This data collection will be proportionate to the aim pursued. The GDPR lawful basis for processing is Article 6 1, (c&e) and Article 9 2, (h).

Who we will Share your Data with

Your personal information, including sensitive personal information (as defined by the Data Protection Act), may be shared between internal departments or with external partners and agencies involved in delivering statutory and other services.

How Long we will Hold your Data for (retention)

The retention of your personal information is in line with the Storage Limitation principle, in the General Data Protection Regulation. How long we keep it will vary according to the services you are involved with, and the legal basis for processing within those services.

Your information rights

Under GDPR you have certain rights concerning your information. Visit our website for information on your rights.

Further information

If you would like to discuss this further please Phone our Information Governance Team on 01273 295 959, or send an email to data.protection@brighton-hove.gov.uk.

You can also contact Brighton and Hove City Council's Data Protection Officer