Privacy Policy

Privacy notice & DATA PROTECTION: SEND&CO: Charlotte O’Leary

Background 

The new EU data protection law, called General Data Protection Regulation (GDPR), comes into force on 25 May 2018 and will replace the Data Protection Act 1998 in its entirety. 

Charlotte O’Leary of SEND&CO is committed to protecting and respecting your privacy. We have reviewed and updated our privacy policy to ensure it meets GDPR guidelines. 

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.  This includes contact information that is used to communicate with individuals and organisations, as well as client confidential data collected or generated by a Specialist SEND Teacher. 

1. Information About Me

SEND&CO

Independent SEND Specialist

Rugby, Warwickshire

charlotte.oleary@sendandco.uk 

07840 487316

I am regulated by The Tutors Association. 

1. What Does This Notice Cover?

This Privacy Information explains how I use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

1. What Personal Data is collected and how is it used?

The intended purpose for processing personal data is to conduct an assessment. The specific work carried out will vary according to the child/young person’s individual needs and the concerns being investigated. 

The Specialist SEND Teacher will collect personal data including name of CYP, date of birth, gender, home address and contact details and school address. Language and learning assessments involve the processing of special category data, including information about health, educational achievements, cognitive functioning, personality, interests and family history.  The Specialist SEND Teacher has a legitimate interest to collect such personal data for the purpose of forming a professional opinion.  In so doing, the Specialist SEND Teacher will only collect information from the CYP that is relevant to the purpose of undertaking that assessment and the associated and expected reporting, profiling and advising. 

Personal data on a CYP may be obtained from a third party including their school/educational provision and other health professionals e.g. CAMHS/Speech and Language therapists.

After working with a CYP, the Specialist SEND Teacher will produce a report or record of involvement. This will include personal, and confidential, information related to the CYP and their family. 

1. For how long will personal data be stored?

The Specialist SEND Teacher will not keep personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

The Specialist SEND Teacher will keep CYP records and related information in an electronic folder, until the CYP turns 25 years of age. In their 25th year, the Specialist SEND Teacher will delete the electronic folder and related documentation.

1. How and where is personal data stored?

The security of your personal data is essential to the Specialist SEND Teacher and to protect your data a number of important measures are taken, including the following:

• Consent forms will be scanned and stored securely in an electronic folder. Paper copies will be shredded.
• Paper records e.g. handwritten notes and assessment data are stored securely and are shredded when no longer needed (e.g. when analysis and specialist reports have been completed).
• Paper records will be coded (i.e. they will not have the child’s name or details on them, other than their age). If kept, they are stored in a locked cabinet.
• Specialist SEND Teacher reports are encrypted and stored securely on device (e.g. laptop or memory stick)
• If transported, the device will remain either in a locked environment or in the personal possession of the Specialist SEND Teacher.

1. How will personal data be shared?
2. Copies of Specialist SEND Teacher reports will be sent securely by email to the CYP’s school or educational provision, who will then disseminate to parents/legal guardians. If the report has been requested by the parent/legal guardian, the report will be sent securely by email directly to them. The report or summary may also be shared with other external professionals who are currently working with the CYP, with parental permission.

1. Your rights to access information
2. You have the right to access information and / or records that we hold about you. Please make any such request in writing to charlotte.oleary@sendandco.uk . This is known as a ‘subject access request’.
3. Client access to records will be restricted to information about themselves, or CYP where they are the parent / legal guardian. Restrictions will apply when disclosure would place the clients or others at risk of serious harm. 
4. There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover administrative costs in responding.

The Specialist SEND Teacher will respond to your subject access request within one month of receipt. Normally, the Specialist SEND Teacher will provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date received. 

Under article 17 of the GDPR individuals have the right to have personal data erased. This is known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances. In the event of such a request the Specialist SEND Teacher will comply with GDPR guidelines and legal obligations.

1. Data Breaches-

Any data breaches will be reported within 72 hours.

1. Contact details

To contact the Specialist SEND Teacher about anything to do with your personal data and data protection, including to make a subject access request, please use the following details Charlotte O’Leary, charlotte.oleary@sendandco.uk

1. Changes to this Privacy Notice

The Specialist SEND Teacher may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if the Specialist SEND service delivery changes in a way that affects personal data protection.