Privacy Notice – Student’s Parents / Carers (Including NHS Test and Trace) Policy
This Policy applies to all staff, volunteers, sessional workers, agency staff, and anyone working on behalf of The Mulberry School, students, parents/carers, external agencies and members of the public.
The Mulberry School is an independent specialist provision for children and young people who have been diagnosed with autism spectrum condition (ASC) and or moderate learning difficulties (MLD); as their main presenting need(s) and meet the criteria listed below. The school offers co-educational, day placements for students aged 8-16, currently with a provision to admit up to 36 students. The Mulberry School is part of a wider group and Adult Services operated by IBC Healthcare.
Student class sizes are managed to ensure small groups, usually groups of 6, which provides students with an appropriate peer group, according to key stage and ability levels. Where possible, placements will commence at the beginning of an academic term, although consideration will be given to individual circumstances. Where appropriate a gradual transition will be planned, involving multi-agency liaison and school visits.
As a registered independent school (not listed by the Secretary of State under Section 41 of the Children and Families Act 2014), those with parental responsibility and the young person concerned may request that The Mulberry School be named in the young person’s Education, Health and Care Plan (EHCP), and the local authority will consider this request.
Who We Share Pupil Information With:
During the period of the coronavirus pandemic (which is as yet an undefined length of time), we may share stakeholder information with:
NHS Test and Trace Service
Why We May Share This Information:
We do not share information about our stakeholders with anyone without consent unless the law and our policies allow us to do so. The NHS Test and Trace service may collect information from educational settings in order to allow for the operation of the service and enable contacts to be effectively traced.
Information that will be requested and shared where necessary is:
Name Contact phone number and/or email address
The lawful bases for processing personal data are set out in Article 6 of the General Data Protection Regulation.
The school processes such data in this instance because we have:
- A Legal obligation: the processing is necessary for us to comply with the law.
- A duty to safeguard students, parents, staff, governors and visitors:
- The processing is necessary in order to protect the vital interests of the data subject
- The processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
Information provided to the NHS Test and Trace service is held in strict confidence and is only kept and used in line with the Data Protection Act 2018.
How we use pupil information:
This Privacy Notice explains how and why we store personal information about student’s and parents/carers. It provides a guide to parents/carers about our legal obligations and their own rights. Like any organisation which handles personal data, our school is defined as a ‘Data Controller’ and, as such, we are registered with the ICO (Information Commissioner’s Office – as part currently of IBC Healthcare Services) and we comply with the Data Protection Act and General Data Protection Regulation.
The categories of pupil information that we process include:
This list is not exhaustive; to access the current list of categories of information we process please request a full list from the school.
For All Students:
Personal Information – Name, Date of Birth, Gender, Year Group, Class, Address, Contacts Dietary needs, dietary preferences Medical practice address and telephone number Medical conditions.
Characteristics – Ethnicity, language, nationality, country of birth.
Attendance Information – Sessions attended, number of absences, reasons for absence.
Academic attainment and progress records – Teacher Assessment grades, Statutory assessment results, Standardised score results, Learning journey evidence (photographs, annotations,) Other evidence of learning Reports to parents.
Other – Student surveys, Incidental evidence of pupil successes (certificates, photographs, videos, trophies, celebration events).
For Some Students Only:
Other – Court Orders, Safeguarding records (incidents, external agency reports), Special Educational Needs and Disability records, (professional assessments, external professionals’ reports, referrals for external support) Education Health Care Plans.
Pastoral records (referrals for support both external and internal, notes of discussions with students, notes of thoughts and feelings), Exclusion and other disciplinary information including behaviour incident records.
All Parents and Carers:
Personal Information – Names, addresses, telephone numbers, email addresses, relationship to the child (of parents / carers and other given contacts).
Other – Parent surveys Letters, emails and other communication sent to school.
We collect and use pupil information, for the following purposes:
- To support student learning
- To keep informed to keep children safe
- To monitor and report on pupil progress
- To provide appropriate pastoral care
- To comply with the law regarding data sharing
- To meet the statutory duties placed upon us for DfE data collections
We use the parents’ data:
- To assess the quality of our services
- To comply with the law regarding data sharing
Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing pupil information are as follows:
The lawful bases for processing personal data are set out in Article 6 of the General Data Protection Regulation. The school processed such data because we have:
(6a) Consent: parents have given clear consent for us to process their (and their child’s) personal data for the purposes indicated above.
(6c) A Legal obligation: the processing is necessary for us to comply with the law (e.g. we are required by law to submit certain teacher assessment information and to safeguard pupils’ welfare by sharing information with other agencies).
(6d) A duty to safeguard pupils: the processing is necessary in order to protect the vital interests of the data subject (children); (e.g. if we are required to share medical history information with emergency services in the event of an accident or to other agencies when a child may be in danger).
Special Categories of data are set out in Article 9 of the General Data Protection Regulation. The school processes such data because we have:
(9.2b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject.
How we collect student data:
We collect student information via registration forms at the start of the school year or Common Transfer File (CTF) or secure file transfer from the previous setting. Student data is essential for the school’s operational use. Whilst the majority of student information you provide to us is mandatory, some of it requested on a voluntary basis. In order to comply with the data protection legislation, we will inform you at the point of collection whether you are required to provide certain student information to us or if you have a choice in this.
How we store student data:
We hold student data securely for the set amount of time shown in our data retention schedule. For more information on our data retention schedule and how we keep your data safe, please contact the school. All confidential information is kept secure either on encrypted, password protected devices or paper copies kept on the school site. Once the deadline for retaining information has passed, data kept electronically is deleted and paper copies are destroyed in conjunction with the retention schedule.
Who we share pupil information with:
As appropriate, we routinely share student information with:
- Schools that the students attends after leaving us
- A relevant local authority
- The Department for Education (DfE)
- Children’s Social Care (when safeguarding pupils’ welfare)
- External professionals (such as Educational Psychologists)
- Suppliers and service providers with whom we have a contract
- Voluntary organisations linked to the school
Why we regularly share pupil information:
We do not share information about our students with anyone without consent unless the law and our policies allow us to do so. This may include services such as youth support services, careers advice or post-16 training providers.
Department for Education:
The Department for Education (DfE) collects personal data from educational settings and local authorities via various statutory data collections. We are required to share information about our pupils with the Department for Education (DfE) either directly or via our local authority for the purpose of those data collections. All data is transferred securely and held by DfE under a combination of software and hardware controls, which meet the current government security policy framework. For more information, please see the ‘How Government uses your data’ section below.
Requesting access to your personal data 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 our Ayaz Lalani (IBC Healthcare).
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
- A right to seek redress, either through the ICO, or through the courts If you have a concern or complaint about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office at https://ico.org.uk/concerns/
How Government uses your data:
The pupil data that we lawfully share with the DfE through data collections:
- Relates to school funding in respect of EHCPs
- Informs ‘short term’ education policy monitoring and school accountability (for example, school GCSE results or Pupil Progress measures)
- Supports ‘longer term’ research and monitoring of educational policy (for example how certain subject choices go on to affect education or earnings beyond school.
Data collection requirements:
To find out more about the data collection requirements placed on us by the Department for Education.
The National Pupil Database (NPD):
Much of the data about students in England goes on to be held in 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.
To find out more about the NPD, go to:
Sharing by the Department:
The law allows the Department to share pupils’ personal data with certain third parties, including:
- Local authorities
- Organisations connected with promoting the education or wellbeing of children in England
- Other government departments and agencies
- Organisations fighting or identifying crime
- For more information about the Department’s NPD data sharing process, please visit: https://www.gov.uk/data-protection-how-we-collect-and-share-research-data
Organisations fighting or identifying crime may use their legal powers to contact DfE to request access to individual level information relevant to detecting that crime.
Whilst numbers fluctuate slightly over time, DfE typically supplies data nationally on around 600 students per year to the Home Office and roughly 1 per year to the Police.
For information about which organisations the Department has provided student information, (and for which project) or to access a monthly breakdown of data share volumes with Home Office and the Police please visit the following website:
To contact DfE: https://www.gov.uk/contact-dfe
By: Ayaz Lalani
Position: Area / Care Operations Manager
Review Date: 23/10/2021