Data Protection Act
Fair Processing Notice 2006
DATA PROTECTION ACT
Schools, Local Authorities (LAs), the Department for Education and Skills
(DfES), the government department which deals with education, the
Qualifications and Curriculum Authority (QCA), Ofsted and the Learning and
Skills Council (LSC) all process information on pupils in order to run the
education system and Department of Health (DH) and Primary Care Trusts
(PCTs) process information on pupils in order to tackle the year on year rise in
obesity among children, and in doing so have to comply with the Data
Protection Act 1998. This means, among other things, that the data held
about pupils must only be used for specific purposes allowed by law. We are
therefore writing to tell you about the types of data held, why that data is held,
and to whom it may be passed on.
The school holds information on pupils in order to support their teaching and
learning, to monitor and report on their progress, to provide appropriate
pastoral care, and to assess how well the school as a whole is doing. This
information includes contact details, national curriculum assessment results,
attendance information, characteristics such as ethnic group, special
educational needs and any relevant medical information. From time to time
schools are required to pass on some of this data to LAs, the DfES and to
agencies that are prescribed by law, such as QCA, Ofsted, LSC, DH and
PCTs.
The Local Authority uses information about children for whom it provides
services to carry out specific functions for which it is responsible, such as the
assessment of any special educational needs the child may have. It also
uses the information to derive statistics to inform decisions on (for example)
the funding of schools, and to assess the performance of schools and set
targets for them. The statistics are used in such a way that individual children
cannot be identified from them. LAs have a duty under the Children Act 2004
to cooperate with their partners in health and youth justice to improve the wellbeing
of children in their areas. As part of this duty they will be required to
maintain the accuracy of the information held on the Information Sharing (IS)
Index about children and young people in their area (see IS Index under
Department for Education and Skills).
The Qualifications and Curriculum Authority uses information about
pupils to administer national curriculum assessments throughout Key
Stages 1 to 3. This includes both assessments required by statute and
those that are optional. The results of these are passed on to DfES to
compile statistics on trends and patterns in levels of achievement. The
QCA uses the information to evaluate the effectiveness of the national
curriculum and the associated assessment arrangements, and to
ensure that these are continually improved.
06/09/06-23b
Ofsted uses information about the progress and performance of pupils to help
inspectors evaluate the work of schools, to assist schools in their selfevaluation,
and as part of Ofsted’s assessment of the effectiveness of
education initiatives and policy. Inspection reports do not identify individual
pupils.
The Learning and Skills Council uses information about pupils for statistical
purposes, to evaluate and develop education policy and to monitor the
performance of the education service as a whole. The statistics (including
those based on information provided by the QCA) are used in such a way that
individual pupils cannot be identified from them. On occasion information may
be shared with other Government departments or agencies strictly for
statistical or research purposes only. The LSC or its partners may wish to
contact learners from time to time about courses, or learning opportunities
relevant to them.
The Department of Health uses aggregate information (at school year group
level) about pupils' height and weight for research and statistical purposes, to
inform, influence and improve health policy and to monitor the performance of
the health service as a whole. The DH will base performance management
discussions with Strategic Health Authorities on aggregate information about
pupils attending schools in the PCT areas to help focus local resources and
deliver the Public Service Agreement target to halt the year on year rise in
obesity among children under 11 by 2010, in the context of a broader strategy
to tackle obesity in the population as a whole. The Department of Health will
also provide aggregate PCT level data to the Healthcare Commission for
performance assessment of the health service.
Primary Care Trusts use information about pupils for research and statistical
purposes, to monitor the performance of local health services and to evaluate
and develop them. The statistics are used in such a way that individual pupils
cannot be identified from them. Information on the height and weight of
individual pupils may however be provided to the child and its parents and this
will require the PCTs to maintain details of pupils’ names for this purpose.
PCTs may also provide individual schools and LAs with aggregate information
on pupils’ height and weight.
The Department for Education and Skills uses information about pupils for
research and statistical purposes, to inform, influence and improve education
policy and to monitor the performance of the education service as a whole.
The DfES will feed back to LAs and schools information about their pupils for
a variety of purposes that will include data checking exercises, use in selfevaluation
analyses and where information is missing because it was not
passed on by a former school.
The Children Act 2004 provides for the Secretary of State to issue
Regulations requiring the “governing body of a maintained school in England”
to disclose information for inclusion on the Information Sharing (IS) Index.
The purposes of the index are to:
• help practitioners working with children quickly identify a child with
whom they have contact;
• determine whether that child is getting the universal services
(education, primary health care) to which he or she is entitled; and
• enable earlier identification of needs and earlier, more effective action
to address these needs by providing a tool to help practitioners identify
which other practitioners are involved with a particular child; and
• encourage better communication and closer working between
practitioners.
The index will hold for each child or young person in England:
• basic identifying information: name, address, gender, date of birth and
a unique identifying number based on the existing Unique Identifying
Number/National Insurance Number;
• basic identifying information about the child’s parent or carer;
• contact details for services involved with the child: as a minimum
school and GP Practice but also other services where appropriate; and
• the facility for practitioners to indicate to others that they have
information to share, are taking action or have undertaken a common
assessment in relation to a child.
The index will NOT record statements of a child’s needs, academic
performance, attendance or clinical observations about a child.
All practitioners and system support staff (in LAs who will be responsible for
maintaining the data) will have to have relevant training and to have
undergone rigorous checks and appropriate security clearance procedures.
To ensure high standards of accuracy, information on the IS Index will be
drawn from a number of sources including the termly School Census from
which, from January 2007, pupils’ home address will be collected.
The DfES will also provide Ofsted with pupil data for use in school inspection.
Where relevant, pupil information may also be shared with post 16 learning
institutions to minimise the administrative burden on application for a course
and to aid the preparation of learning plans.
Pupil information may be matched with other data sources that the
Department holds in order to model and monitor pupils’ educational
progression; and to provide comprehensive information back to LAs and
learning institutions to support their day to day business. The DfES may also
use contact details from these sources to obtain samples for statistical
surveys: these surveys may be carried out by research agencies working
under contract to the Department and participation in such surveys is usually
voluntary. The Department may also match data from these sources to data
obtained from statistical surveys.
Pupil data may also be shared with other Government Departments and
Agencies (including the Office for National Statistics) for statistical or research
purposes only. In all these cases the matching will require that individualised
data is used in the processing operation, but that data will not be processed in
such a way that it supports measures or decisions relating to particular
individuals or identifies individuals in any results. This data sharing will be
approved and controlled by the Department’s Chief Statistician.
The DfES may also disclose individual pupil information to independent
researchers into the educational achievements of pupils who have a
legitimate need for it for their research, but each case will be determined on
its merits and subject to the approval of the Department’s Chief Statistician.
Pupils, as data subjects, have certain rights under the Data Protection Act,
including a general right of access to personal data held on them. If you wish
to access your personal data, or you wish your parents to do so on your
behalf, then please contact the relevant organisation in writing:
- the school at
Nursery Lane
Ovenden
Halifax
HX3 5SX
- the LA’s Data Protection Officer at
The Management Information Team
1 st Floor
Northgate House
Northgate
Halifax
HX1 1UN
- the QCA’s Data Protection Officer at
QCA
83 Piccadilly
LONDON
W1J 8QA
- Ofsted’s Data Protection Officer at
Alexandra House
33 Kingsway
London
WC2B 6SE
- LSC’s Data Protection Officer at
Cheylesmore House
Quinton Road
Coventry
Warwickshire CV1 2WT
- the DfES’s Data Protection Officer at
DfES
Caxton House
Tothill Street
LONDON
SW1H 9NA
- the DH’s Data Protection Officer at
Skipton House
80 London Road
London
SE1 6LH
- your local PCT.
In order to fulfil their responsibilities under the Act the organisation may,
before responding to this request, seek proof of the requestor’s identity and
any further information required to locate the personal data requested.
Separately from the Data Protection Act, regulations provide a pupil’s parent
(regardless of the age of the pupil) with the right to view, or to have a copy of,
their child’s educational record at the school. If they wish to exercise this right
parents should write to the school.
Providing information to Connexions services providers and the right to
opt out
Connexions is the government's support service for all young people aged
13 to 19 in England. It also provides support up to the age of 25 for young
people who have learning difficulties or disabilities (or both).
Connexions brings together all the services and support young people need
during their teenage years offering differentiated and integrated support to
young people through Personal Advisers (PAs). For some young people this
may be just for careers advice, for others it may involve more in-depth support
to help identify barriers to learning and find solutions brokering access to
more specialist support, eg drug abuse, sexual health and homelessness.
PAs work in a range of settings including schools, colleges, one-stop shops
community centres and on an out-reach basis.
For pupils of 13 years and over, the school is legally required to pass on
certain information to Connexions services providers on request. This
information includes the name and address of the pupil and parent, and any
further information relevant to the Connexions services’ role. However
parents, or the pupils themselves if aged 16 or over, can ask that no
information beyond name and address (for pupil and parent) be passed on to
Connexions. If as a parent, or as a pupil aged 16 or over, you do not want
Connexions to receive from the school information beyond name and
address, then please contact the school within 28 days of receiving this note.
If you do not notify the school that you wish to exercise your right to opt out
after the 28 day period has elapsed information will be passed to Connexions
providers upon request.
The LA and DfES may supply to Connexions services providers information
which they have about children, but will not pass on any information they have
received from the school if parents (or the children themselves if aged 16 or
over) have notified the school that Connexions should not receive information
beyond name and address.
