Special Educational Needs and Disabilities (SEND) Partnership & Engagement Service privacy notice

We keep this privacy notice under regular review and was last updated in May 2022.

This notice explains what personal data (information) we hold about you, how we collect, how we use and may share information about you. We are required to give you this information under data protection law.

Who we are

Kent County Council (KCC) collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the United Kingdom General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). We are responsible as ‘controller’ of that personal information. Our Data Protection Officer is Benjamin Watts.

The SEND Partnership & Engagement Service are responsible for the maintaining of Kent’s Local Offer known as the SEND Information Hub. This is a statutory requirement as every Local Authority must ensure it has a Local Offer which meets the needs of its public. We provide information, advice and support on all matters relating to Special Educational Needs and Disabilities (SEND).

Personal information we collect and use

We collect information from parents or carers for children and young people below and within statutory school age, and from young people themselves if they are aged 16 or over and no longer in compulsory education.

Information collected by us

In the course of working collaboratively with key stakeholders to provide support and advice relating to SEND we collect the following personal information when you provide it to us:

  • personal details, such as name (removed from any content), gender, and contact details
  • special category information such as special educational need and/or disability, health information
  • family details (parent’s name, address, and contact details)
  • school attended
  • your image (photographs, video, or audio recordings) to be taken for a specific reason and only with consent.

How we use your personal information

We use your personal information to:

  • create digital/online content for use on the SEND Information Hub website as well as throughout our online campaign (social media channels, newsletters), content including recording audio and creating informative online animations
  • incorporate SEND need type to inform the work we do. For further information about SEND services, please see the Special Educational Needs and Disabilities (SEND) privacy notice
  • inform further research (e.g. vox pops, focus groups)
  • inform engagement with parents, carers, and young people
  • inform Directory work (details of the business offering SEND services).

How long your personal data will be kept

We will hold your personal information securely and retain it for 2 years, after which the information is made inaccessible to system users or securely destroyed.

Reasons we can collect and use your personal information

We collect and use your personal information to carry out duties under public task and consent. To collect and use your image we ask for specific consent for photographs, video, or audio recordings to be taken for a specific reason. We rely on the following legal bases under UK GDPR:

  • Article (6)(1)(a) - Consent: the individual has given clear consent to process their personal data for a specific purpose.
  • Article (6)(1)(e) - Public task: the processing is necessary to perform a task in the public interest or for official functions (task or function has a clear basis in law).

Where photography, video or audio recordings may include information about your special educational need, we rely on your explicit consent for this processing of your information. When we collect or share special category personal data, we rely upon the following legal bases under UK GDPR:

  • Article 9(2)(a) - Explicit consent.
  • Article 9(2)(g) - Reasons of substantial public interest. We rely on the ‘statutory and government purposes’ and ‘equality of opportunity or treatment’ purpose conditions from Schedule 1 of the Data Protection Act 2018 when relying on Article 9(2)(g) to process your special category data.

Who we share your personal information with

  • Teams within Kent County Council working to improve outcomes for children and young people.
  • Commissioned providers of local authority services.
  • Schools.
  • Partner organisations signed up to the Kent & Medway Information Sharing Agreement, where necessary, which may include health visitors, midwives, housing providers, Police, school nurses, doctors, and mental health workers.
  • Department for Education and other government departments as required.

We will share personal information with law enforcement or other authorities if required by applicable law.

Your rights

Under UK GDPR you have rights which you can exercise free of charge which allow you to:

  • know what we are doing with your information and why we are doing it
  • ask to see what information we hold about you (subject access request)
  • ask us to correct any mistakes in the information we hold about you
  • object to direct marketing
  • make a complaint to the Information Commissioners Office
  • withdraw consent at any time (if applicable)

Depending on our reason for using your information you may also be entitled to:

  • ask us to delete information we hold about you
  • have your information transferred electronically to yourself or to another organisation
  • object to decisions being made that significantly affect you
  • object to how we are using your information
  • stop us using your information in certain ways

We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note, your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under UK GDPR.

If you would like to exercise a right, please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk.

Withdrawing your consent

Where we rely on your consent to process your personal information, you can withdraw your consent to our use of your data at any time.

You can do this by emailing data.protection@kent.gov.uk.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Contact

Please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.

You can contact our Data Protection Officer, Benjamin Watts, at dpo@kent.gov.uk, or write to: Data Protection Officer, Sessions House, Maidstone, Kent ME14 1XQ.

UK GDPR also gives you right to lodge a complaint with the Information Commissioner who may be contacted via the Information Commissioner's website or call 03031 231113.

Read our corporate privacy statement.