Privacy notice for school attendance legal proceedings

Who is collecting and using your personal data?

Devon County Council will act as a ‘data controller’ for any personal data that you provide to us. As such, we will ensure that the data you give us is processed in line with our organisation’s data protection policies and in line with your rights under the EU General Data Protection Regulations and associated data protection laws currently applicable in the UK.

Should you wish to find out more about Devon County Council’s data protection policies please contact our Data Protection Officer.

Please note that failure to provide us with the personal data may prevent Devon County Council from making an informed decision as to whether formal Parental Responsibility measures are instigated and the most appropriate form that these should take.

Why are we collecting your personal data?

We are collecting your personal data for the following purposes:

  • To issue a warning about your child’s unauthorised absences in writing.
  • To issue a Parenting Order.
  • To Issue an Education Supervision Order.
  • To Issue a School Attendance Order.
  • To issue a penalty notice (a fine for children who miss school without authorisation).
  • Consideration of legal action under Section 444 Education Act 1996.
  • To clarify who has parental responsibility for the child.
  • To comply with Devon County Council- Penalty Notice Code of Conduct Devon County Council – Penalty Notice Code of Conduct.

We rely upon the following laws to process your personal data:

  • Section 4444 (1) Education Act 1996.
  • Anti Social Behaviour Act 2003.

Who will we share your personal data with?

To comply with the law, it may be necessary for us to share your personal data with the following organisations:

  • Magistrate Courts.
  • The child’s parent/Carer or the young person.
  • Internal Departments.
  • Schools.
  • Further education colleges and sixth form colleges.
  • Academies (including free schools, universities, technical colleges).
  • Independent schools and independent specialist providers approved under Section 41 of the Children and Families Act 2014.
  • Early years providers in the maintained, private, voluntary and independent sectors that are funded by the local authority.
  • Other partner agencies that provide services on our behalf.
  • Agencies with whom we have a duty to co-operate, such as police.

How long will we hold your personal data?

We will retain your personal data for only as long as is necessary, and in line with our organisation’s record retention schedules.

Automated decisions

No automated decisions are taken using personal data provided as part of Early Help Proceedings.

Exercising your rights

Under the Data Protection Act 2017 and the EU General Data Protection Regulations you have the following rights:

  • The right of access to your own personal data.
  • The right to request rectification or deletion of your personal data.
  • The right to object to the processing of your personal data.
  • The right to request a copy of the information you provide us in machine readable format.
  • The right to withdraw your consent to any processing that is solely reliant upon your consent.

Should you wish to exercise any of your rights, you should contact the Data Protection Officer.

Your right to complain

In the event that you wish to complain about the way that your personal data has been handled by Devon County Council, you should write to the Data Protection Officer and clearly outline your case. Your complaint will then be investigated in accordance with the Council’s customer feedback procedure. If you remain dissatisfied with the way your personal data has been handled, you may refer the matter to the Information Commissioner’s Office whose contact details are below:

Information Commissioner’s Office
Wycliffe House
Water Lane

Changes to how we may process your personal data during the COVID-19 crisis

During the COVID-19 pandemic, it may be necessary for Devon County Council to change the way that we process your personal data, to ensure we can protect public health and deliver essential services to you and the public during this crisis. For more information read our COVID-19 privacy notice.