Privacy notice for special educational needs and disabilities (SEND) local offer

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 your personal data may make it difficult for us to provide the necessary support.

Why are we collecting your personal data?

We are collecting your personal data for the following purposes:

  • To understand you and your child/young person’s needs in order to provide appropriate services and/or support.
  • To establish how we should communicate with individual children/young people and their parent/carers.
  • To help young people Prepare for Adulthood and think about education/training or employment, where they are going to live and how they can be as independent as possible while enjoying being part of society and keeping healthy.
  • To measure whether our services are improving outcomes for children and young people with SEND.
  • To help us develop and improve our services.
  • To complete statistical returns to government departments.

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

  • The Special Educational Needs and Disability Regulations 2014.
  • The Special Educational Needs (Personal Budgets) Regulations 2014.
  • The Special Educational Needs and Disability (Detained Persons) Regulations 2015.
  • The Children and Families Act 2014 (Transitional and Saving Provisions)(No 2) Order 2014).

Who will we share your personal data with?

To deliver services to you, it may be necessary for us to share your personal data with the following organisations:

  • The child’s parent or the young person.
  • Internal departments.
  • Schools, including non – maintained special schools.
  • Further education colleges and sixth form colleges.
  • Academies (including free schools, universities, technical colleges).
  • Pupil referral units.
  • Independent schools and independent specialist providers.
  • Early years providers in the maintained, private, voluntary and independent sectors.
  • Clinical commissioning groups (CCGs).
  • NHS Trusts / NHS Foundation Trusts.
  • NHS England.
  • Youth Offending Teams and relevant youth custodial establishments.
  • The First-tier Tribunal (Special Educational Needs and Disability).
  • 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
Wilmslow
Cheshire
SK9 5AF

Email: casework@ico.org.uk