In compliance with the EU General Data Protection Regulation 2016 and Data Protection Act 2018, Peterborough City Council’s Pupil Referral Service will collect, hold and process personal information relating to our pupils. We may also receive information about them from their previous schools, local authority and/or the Department for Education (DfE).
Why we collect pupil data
We collect and use pupil information which we share with colleagues at Peterborough City Council so they are able to fulfil some of the duties a council must perform. These are called our statutory duties i.e. a law or a piece of legislation means that we have to do it. These will include:
• The provision of education to children of compulsory school age under the Education Act 1996
• Assessing the provision of education for children and young people with SEND under the Children & Families Act 2014 or
• Where we need to identify and assist those young people not in education, employment or training under the Education and Skills Act 2008
We use pupil data to:
• support our pupils’ learning
• monitor and report on their progress
• provide appropriate pastoral care
• assess the quality of our services
• comply with the law regarding data sharing.
The categories of pupil information that we collect, hold and share include:
• Personal information (such as name, unique pupil number and address)
• Characteristics (such as ethnicity, language, nationality, country of birth and free school meal eligibility)
• Attendance information (such as sessions attended, number of absences, absence reasons and any exclusions)
• Placement information such as reasons, exclusions and behavioural information
• Assessment information (statutory and non-statutory)
• Medical and Special Educational Needs or Disability information
• Post 16 Training, educational or employment information
• Police Information (where appropriate)
Whilst the majority of pupil information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the Data Protection Act 2018, we will inform you whether you are required to provide certain pupil information to us or if you have a choice in this.
The lawful basis on which we use this information
We collect and use pupil information under the Education Act 1996 to meet our statutory duties or public tasks. This means that this is our basis for processing personal data under Article 6 and Article 9 of the EU General Data Protection Regulation 2016. For further information, refer to https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/
We process information about criminal convictions to ensure the health and safety of staff which we are required to do so as part of the contract of employment and by law, under Article 10 of the EU General Data Protection Act 2018.
Storing pupil data
We hold pupil data for the entire time pupils are enrolled within our service. If a pupil changes setting his/her records will be forwarded appropriately. Once a pupil has left our setting and completed Year 11 all school records are archived until their 25th birthday at such time the records are securely disposed.
We routinely receive and share pupil information with:
• Colleagues at Peterborough City Council
• Our MIS provider
• Medical services including Child Health and Special Needs professionals
• Schools that the pupils attend after their time with us
• Local authorities and their data collection partners
• Police and Child Protection professionals
• National Government departments including the Department for Education (DfE), NCA Tools and the Standards and Testing Authority
Collecting pupil information
The DfE may also share pupil level personal data that we supply to them, with third parties. This will only take place where legislation allows it to do so and it is in compliance with the Data Protection Act 2018. Decisions on whether DfE releases this personal data to third parties are subject to a robust approval process and are based on a detailed assessment of who is requesting the data, the purpose for which it is required, the level and sensitivity of data requested and the arrangements in place to store and handle the data. To be granted access to pupil level data, requestors must comply with strict terms and conditions covering the confidentiality and handling of data, security arrangements and retention and use of the data.
Why we share pupil information
We do not share information about our pupils with anyone without consent unless the law and our policies allow us to do so.
We share pupils’ data with the Department for Education (DfE) on a statutory basis. This data sharing underpins school funding and educational attainment policy and monitoring.
We are required to share information about our pupils with our local authority (LA) and the Department for Education (DfE) under section 3 and regulation 5 of The Education (Information About Individual Pupils) (England) Regulations 2013.
We are also required to supply information to the Department for Education (DfE); for example under the Education Act 1996 or Education (Information about Children in Alternative Provision) England Regulations 2007. Additional information relating to the sharing of data with the DfE can be found here and on the Alternative Provision Census here.
Your Rights
You have rights under Data Protection and these are as detailed in the corporate notice and can be accessed using this link.
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