Who will process your personal information?
The personal information provided will be used by East Dunbartonshire Council under the provisions of the General Data Protection Regulation (GDPR).
What will your personal information be used for?
East Dunbartonshire Council collects this information about you and your child or young person in order to support your child in school or an early years centre. This information will be discussed either at a Team around the Child meeting, a Support for All meeting or a Pupil Support Group meeting.
You will be given access to the information that is shared at Team around the Child meeting, a Support for All Meeting or a Pupil Support Group meeting in advance of the meeting or during the meeting itself. This information will only be shared within Team around the Child meeting, a Support for All meeting or a Pupil Support Group meeting.
Children aged 12–15 have other specific rights. They were given these rights to make sure that their views are listened to and that they are properly involved in decisions about their education and support. These rights will be of particular use to children whose parents may not be able to act for them (for example, young carers or looked after children).
- ask the local authority to find out if they have additional support needs
- ask the local authority for a specific assessment to find out if they have additional support needs and what support they need
- receive information and advice about their additional support needs
- be told about any decisions regarding their use of their rights
- be asked if they are happy for the information to be shared with relevant agencies when they leave school.
Before a child can use their rights, the school or local authority must agree they have the capacity to do so. The school or local authority must also check that a child’s wellbeing will not be negatively affected by using their rights.
Depending on the right your child wants to use, the school or local authority must check whether your child has the maturity and understanding to:
• carry out an action (such as request an assessment)
• understand any information or advice the school or authority might give them about their additional support needs or their rights
• understand the information in their plan (such as a co-ordinated support plan)
• give their view (for example, during mediation)
• make a decision (such as to let their information be shared with other agencies when they leave school). When checking if your child has capacity to make a decision, the school or local authority will consider whether your child is able to discuss their decision, remember what their decision was, and understand what it might mean for them.
The school or local authority will use any available evidence it has about your child’s learning and development to decide if your child has capacity or not. It might, for example, consider their progress in school as well as their attitudes to their own health and wellbeing.
Before your child (aged 12-15) makes use of their rights, the school or local authority must decide if your child’s use of their rights will negatively affect their wellbeing.
Professionals will look at several areas of wellbeing to decide whether your child’s use of their rights will negatively affect their wellbeing. They will consider whether it will affect your child being:
The Council does not use an automated process for making decisions about you or the services you require.
What is the Council’s lawful basis for using your personal information?
The Council has legal obligations to use your personal information.
These obligations are set out under:-
- Education (Scotland) Act 1980
- Additional Support for Learning Scotland Act 2004
This information about you or your child could be shared with other Council services, including Education and Social Work. We may share information with Greater Glasgow and Clyde NHS. This would only happen if these services are a part of a meeting.
How long will your personal information be held for?
East Dunbartonshire Council uses the Scottish Council on Archives Records Retention Schedules to manage the length of time the Council keeps information. There are a number of schedules that cover the retention of educational records.
- 10.002.003 Admission forms Retention for 1 year
- 10.002.006 Assisted Support for Learning - LAAC (Looked After and Accommodated Children) for 100 years
- 10.002.007 Attendance records Retention for 4 years
- 10.002.009 Individual Education Plan(IEP) for 5 years
- 10.002.014 Pupil Progress Report Retention for 5 years
Full details about the retention schedules for education can be accessed here: https://www.scottisharchives.org.uk/resources/scarrs/
For children and young people who are currently or have been Looked After and Accommodated by a local authority, files will be kept indefinitely in line with the requirements and recommendations of the Scottish Child Abuse Inquiry (SCAI).
Your rights over the personal information being held by the Council to answer your request for information
- Right of Access
You have the right to access the personal information the Council holds about you. This right is called a Subject Access Request, often referred to as a SAR.
You can receive a copy of you personal data held by the Council, details on why it is being used, who it has been/ will be shared with, how long it will be held for, the source of the information and if the Council uses computer systems profile or take decisions about you. Details on how to submit a Subject Access Request can be found here. https://www.eastdunbarton.gov.uk/council/data-protection/subject-access-request
- Right to rectification
You have the right to request the Council correct any information held about you that is inaccurate.
- Right to erasure
You have the right to request that the Council delete the personal information about you. This right is known as the right to be forgotten.
- Right to restrict processing
In some cases, you may ask us to restrict how we use your personal information. This right might apply, for example, where we are checking the accuracy of personal information that we hold about you or we are assessing the objection you have made to our use of your information. This right might also apply if we no longer have a basis for using your personal information but you don't want us to delete the data. Where this right is realistically applied will mean that we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.
Please contact us as stated above if you wish to exercise any of these rights.
Details on how to complain to the ICO
We aim to directly resolve all complaints about how we handle personal information. However, you also have the right to lodge a complaint with the Information Commissioner's Office, who can be contacted by post at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. By phone on 0303 123 1113 (local rate) or 01625 545 745. Visit their website for more information at- https://ico.org.uk/concerns
Details on how to Contact the Council’s Data Protection Officer
Should you have any questions or concerns about the Council’s handling of your personal data you can contact the Council’s Data Protection Officer.
Data Protection Officer
East Dunbartonshire Council
12 Strathkelvin Place
Tel: 0300 123 4510