1. How we use pupil information

How information about pupils is used in educational settings such as; schools, alternative provision, pupil referral units and early years providers

The categories of pupil information that we collect, hold and share include:

• Personal information (such as name, date of birth, unique pupil number and address)
• Safeguarding concerns
• Characteristics (such as ethnicity, language, nationality, country of birth and free school meal eligibility, INA status – Asylum Seeker, Refugee, Economic Migrant, Looked After Child, Adopted and SGO children)
• Medical information
• Attendance information (such as sessions attended, number of absences and absence reasons)
• Assessment information relating to academic progress, pupil attainment and educational performance in general
• Special Educational Needs or Disabilities information
• Behavioural information including exclusions
• Information from Early Years providers or other schools
• Parent/Carer information (such as name, address, contact details)

Why we collect and use this information

We use the pupil data:

• to support pupil learning
• to monitor and report on pupil progress
• to provide appropriate pastoral care
• to work with agencies supporting pupil safeguarding
• to assess the quality of our services
• to comply with the law regarding data sharing
• to provide support for pupils with special learning needs or disabilities
• to comply with all statutory data returns to the DfE and their partner organisations
• to qualify the child is eligible of funding and to calculate funding
• to provide data to the local authority as required statute or by current contracts, service level agreements or data sharing agreements with the local authority
• to inform next educational providers and/or employers of relevant pupil performance and contextual information

The lawful basis on which we use this information

We use information about children and young people to enable us to carry out specific functions for which we are responsible. We also use this personal data to derive statistics which inform decisions we make regarding the running of the school, the curriculum, safeguarding and to assess pupil outcomes. The lawful basis is as follows (Article 6):-

• the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
• processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
• processing is necessary for compliance with a legal obligation to which the controller is subject;
• processing is necessary in order to protect the vital interests of the data subject or of another natural person;
• processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

And (Article 9)

• processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent

We collect and use pupil information under responsibilities set out within:-

• Education Act 2002 Section 33
• Education Act 1996
• Children and Families Act 2014 (SEND Reforms)
• Childcare Act 2006
• The Early Years and Foundation Stage Order 2007
• The Education and Skills Act 2008
• The Apprenticeship, Skills, Children and Learning Act 2009
• Equality Act 2010
• Children Act 1989
• Adoption and Children Act 2002
• Children and Young Persons Acts 1963 (Regs 1968)
• Education (Governors Annual Reports – England) (Amendment) Regulations 2002 SI 2002 No 1171
• School Standards and Framework Act 1998 and Academies Act 2010
• Schools Admissions Code Statutory Guidance for admission authorities, governing bodies, local authorities, school adjudicators and admission appeals panels December 2014
• Schools Admission Appeals Code February 2012 Statutory guidance for school leaders, governing bodies and local authorities.
• School attendance: Department advice for maintained schools, academies, independent schools and local authorities November 2016
• DBS Update Service Guide June 2014
• Keeping Children Safe In Education – Statutory Guidance Sept 2016
• ‘Working Together to Safeguard Children’ –  A guide to interagency working to safeguard children – March 2015
• An employer’s right to work checks (Home Office May 2015)
• Limitation Act 1980 (section 2)
• Social Security (Claims and Payments) Regulations 1979 Regulation 25. Social security administration Act 1992 Section 8. Limitation Act 1980
• COSHH Regulations 2002. SI 2002 No 2677 Regulation 11; Records kept under the 1994 and 1999 Regulations to be kept as if the 2002 Regulations had not been made. Regulation 18
• Control of asbestos at work regulations 2012 SI 1012 No632 Regulation 19
• The Education (Pupil Information) (England) Regulations 2005 SI 2005 No 1437
• Education Act 1996. Special Educational Needs and Disability Act 2001 Section 1.
• Outdoor Education Advisers Panel National Guidance Section 3 – Legal Framework and Employer Systems and Section 4 – Good Practice

The submission of the school census returns, including a set of named pupil records, is a statutory requirement on schools under Section 537A of the Education Act 1996. This means that schools do not need to obtain parental or pupil consent to the provision of information and ensures schools are protected from any legal challenge that they are breaching a duty of confidence to pupils.

 

2. Collecting pupil information

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 General Data Protection Regulation, we will inform you whether you are required to provide certain pupil information to us or if you have a choice in this.

 

3. Storing pupil data

We hold children and young person’s data for various periods of duration as determined by School’s Retention Policy. Please see for further details

 

4. Who we share pupil information with

We routinely share pupil information with:

• schools that the pupil’s attend after leaving us
• our local authority
• the Department for Education (DfE)
• providers of alternative educational provision
• the community school nursing team
• local health trust and their commissioned health services, which includes speech and language therapists, physiotherapists and occupational therapists, other professionals from the local authority delivering support, such as educational psychologists, services for visual and hearing impairment  and music tuition
• the Albion Foundation who deliver sports based sessions within school
• Children with disability team

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 share pupils’ data with the local authority to allow them to carry out statutory duties including the identification of children missing education, and to ensure that all pupils get a suitable education, in line with in line with sections 436A and 437 of the Education Act 1996.  The local authority also has responsibilities around the identification of pupils with special educational needs as identified in section 22 of the Children and Families Act 2014.

We also share pupil’s data with the Local Authority for the purposes of comparative data analysis and to enable the provision of services by the Local Authority as defined in the current contracts, Service Level Agreements or data sharing agreements.

We are required to share information about our pupils with our local authority (LA) and the Department for Education (DfE) under section 3 of The Education (Information About Individual Pupils) (England) Regulations 2013.

Data collection requirements:

To find out more about the data collection requirements placed on us by the Department for Education (for example; via the school census) go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.

 

5. The National Pupil Database (NPD)

The NPD is owned and managed by the Department for Education and contains information about pupils in schools in England. It provides invaluable evidence on educational performance to inform independent research, as well as studies commissioned by the Department. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including schools, local authorities and awarding bodies.

We are required by law, to provide information about our pupils to the DfE as part of statutory data collections such as the school census and early years’ census. Some of this information is then stored in the NPD. The law that allows this is the Education (Information About Individual Pupils) (England) Regulations 2013.

To find out more about the NPD, go to https://www.gov.uk/government/publications/national-pupil-database-user-guide-and-supporting-information.

The department may share information about our pupils from the NPD with third parties who promote the education or well-being of children in England by:

conducting research or analysis

producing statistics

providing information, advice or guidance

The Department has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases data to third parties are subject to a strict approval process and 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 information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.

For more information about the department’s data sharing process, please visit: https://www.gov.uk/data-protection-how-we-collect-and-share-research-data

For information about which organisations the department has provided pupil information, (and for which project), please visit the following website: https://www.gov.uk/government/publications/national-pupil-database-requests-received

To contact DfE: https://www.gov.uk/contact-dfe

Requesting access to your personal data

Under data protection legislation, parents and pupils have the right to request access to information about them that we hold. To make a request for your personal information, or be given access to your child’s educational record, contact:

Office Manager – 0121 569 7040

SIPS acting as Data Protection Officer -Laura Hadley/Sue Courtney-Donovan – 0121 296 3000

You also have the right to:

• object to processing of personal data that is likely to cause, or is causing, damage or distress
• prevent processing for the purpose of direct marketing
• object to decisions being taken by automated means
• in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
• claim compensation for damages caused by a breach of the Data Protection regulations

If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/concerns/

Use of Photographs

We appreciate that parents like to take photos and video recordings of their children during school performances.  However,  images taken must be of their child only.  If other children are in the background of photos/videos, parents are responsible for the image and should ensure they are taken for personal use only and must not be published on social media sites or shared in any public areas, where the safeguarding of children may be compromised

 

6. Contact

If you would like to discuss anything in this privacy notice, please contact:

Office Manager – 0121 569 7040

SIPS acting as Data Protection Officer -Laura Hadley/Sue Courtney-Donovan – 0121 296 3000

 

---

7. Privacy Notice (How we use school workforce information)

The categories of school workforce information that we collect, process, hold and share include:

• personal information (such as name, employee or teacher number, national insurance number)
• special categories of data including characteristics information such as gender, age, ethnic group
• contract information (such as start dates, hours worked, post, roles and salary information)
• work absence information (such as number of absences and reasons)
• qualifications (and, where relevant, subjects taught)
• Copies of proof of identity submitted for DBS clearance -Safer Recruitment requirement
• For all other staff who have opportunity for regular contact with children who are not engaging in regulated activity, the school requires an enhanced DBS certificate, which does not include a barred list check.
• For anyone appointed to carry out teaching work, an additional check will be undertaken to ensure they are not prohibited from teaching.
• A European Economic Area (EEA) check will also be completed if required to check for information about any teacher sanction or restriction that an EEA professional regulating authority has imposed.
• Our school keeps a Single Central Record that complies with Statutory Requirements. It is monitored by the Headteacher and/or Chair of Governors at regular intervals.

The Single Central Record covers the following people:

• all staff (including supply staff, and teacher trainees on salaried routes) who work at the school: in colleges, this means those providing education to children;
• Volunteers;
• Governors; and
• Agency and third-party staff

The following information will be recorded on the Single Central Record:

• An identity check;
• A barred list check;
• An enhanced DBS check/certificate;
• A prohibition from teaching check;
• A section 128 check (for management positions in independent schools (including free schools and academies));
• Further checks on people who have lived or worked outside the UK; this would include recording checks for those EEA teacher sanctions and restrictions;
• A check of professional qualifications; and
• A check to establish the person’s right to work in the United Kingdom.
• Our school will obtain written confirmation that the employment business supplying staff has carried out the relevant checks and obtained the appropriate certificates.
• All applicants MUST show their current original DBS certificate to the school as soon as they take up post.

Why we collect and use this information

We use school workforce data to:

• enable the development of a comprehensive picture of the workforce and how it is deployed
• inform the development of safer recruitment and retention policies
• enable individuals to be paid

The lawful basis on which we process this information

We process this Workforce Information to enable us to carry out specific functions for which we are responsible. We also use this personal data to derive statistics which inform decisions we make regarding the running of the school, the curriculum and Safeguarding. The lawful basis is as follows: (Article 6):

• The data subject has given consent to the processing of his or her personal data for one or more specific purposes
• Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
• Processing is necessary for compliance with a legal obligation to which the Controller is subject.
• Processing is necessary in order to protect the vital interests of the Data subject or of another natural person.
• Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller

And (Article 9)

• Processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the Controller or of the Data subject in the field of employment and social security and social protection law in so far as it is authorised by union or member state law or a collective agreement pursuant to member state law providing for appropriate safeguards for the fundamental rights and the interests of the Data subject

Collecting this information

Whilst the majority of information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with data protection legislation, we will inform you whether you are required to provide certain school workforce information to us or if you have a choice in this.

Storing this information

We hold school workforce data for the periods as governed by our Local Authority data retention Schedule (available upon request from the School)

 

8. Who we share this information with

We routinely share this information with:

• our local authority
• the Department for Education (DfE)
• HR Services

 

9. Why we share school workforce information

We do not share information about workforce members with anyone without consent unless the law and our policies allow us to do so.

Local authority We are required to share information about our workforce members with our local authority (LA) under section 5 of the Education (Supply of Information about the School Workforce) (England) Regulations 2007 and amendments.

Department for Education (DfE)

We share personal data with the Department for Education (DfE) on a statutory basis. This data sharing underpins workforce policy monitoring, evaluation, and links to school funding / expenditure and the assessment educational attainment.

HR Services (Shireland Collegiate Academy)

For Employment contracts

Data collection requirements

The DfE collects and processes personal data relating to those employed by schools (including Multi Academy Trusts) and local authorities that work in state funded schools (including all maintained schools, all academies and free schools and all special schools including Pupil Referral Units and Alternative Provision). All state funded schools are required to make a census submission because it is a statutory return under sections 113 and 114 of the Education Act 2005

To find out more about the data collection requirements placed on us by the Department for Education including the data that we share with them, go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.

The department may share information about school employees with third parties who promote the education or well-being of children or the effective deployment of school staff in England by:

• conducting research or analysis
• producing statistics
• providing information, advice or guidance

The department has robust processes in place to ensure that the confidentiality of personal data is maintained and there are stringent controls in place regarding access to it and its use. Decisions on whether DfE releases personal data to third parties are subject to a strict approval process and 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 securely store and handle the data

To be granted access to school workforce information, organisations must comply with its strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.

For more information about the department’s data sharing process, please visit:

https://www.gov.uk/data-protection-how-we-collect-and-share-research-data

To contact the department: https://www.gov.uk/contact-dfe

 

10. Requesting access to your personal data

Under data protection legislation, you have the right to request access to information about you that we hold. To make a request for your personal information, contact

Office Manager – 0121 569 7040

SIPS acting as Data Protection Officer -Laura Hadley/Sue Courtney-Donovan – 0121 296 3000

You also have the right to:

• object to processing of personal data that is likely to cause, or is causing, damage or distress
• prevent processing for the purpose of direct marketing
• object to decisions being taken by automated means
• in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
• claim compensation for damages caused by a breach of the Data Protection regulations

If you have a concern about the way we are collecting or using your personal data, we ask that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at https://ico.org.uk/concerns/

 

11. Further information

If you would like to discuss anything in this privacy notice, please contact:

Office Manager – 0121 569 7040

Data Protection Officer -Laura Hadley – 0121 296 3000

---

Privacy Notice for Visitors and Contractors

This notice is for all contractors and visitors who work at and visit The Orchard School.  It explains the purposes for which we hold information about you.

All data is held and processed in line with The Orchard School’s Data Protection Policy, which can be viewed on request.

What data does The Orchard School collect and why?

We maintain an electronic signing in system, which includes employees (visiting site), visitors and contractors.  The system will collect and keep your personal data such as Your name, company name and a passport size photograph.  This information is collected for health, safety and security purposes.

CCTV System

The Closed Circuit Television (CCTV) system, is installed at strategic locations to provide a safe and secure environment as part of our commitment to safety and security.  We use the CCTV system fairly, within regulatory guidelines and law, with the personal privacy of individuals using the building and the objective of recording incidents for safety and security in mind.  The CCTV policy for The Orchard School can be viewed on request.

The Orchard School, have CCTV in operation which is in line with The Orchard School’s CCTV Policy.

Accidents and Incidents Reporting

In the event of an accident or incident, The Orchard School will request the visitor/contractor to complete an Incident Report Form.  This will include personal data from the injured party or person suffering from ill health, such as name, address, date of birth, next of kin and details of the incident to include any relevant medical history.  The data is collected as The Orchard School has a legal duty to document workplace incidents/accidents and to report certain types of accidents, injuries and dangerous occurrences arising out of its work activity to the relevant enforcing authority.

Incidents and accidents will be investigated to establish what lessons can be learned to prevent such incidents/accidents re-occurring including introduction of additional safeguards, procedures, information instructions and training, or any combination of these.  Monitoring is undertaken but on an anonymised basis.  The information is also retained in the event of any claims for damages.

Legal Basis for processing:

The legal basis of processing is set out as follows:

Area	Legal basis	Information
Visitor signing in/out system	Legitimate Interests	To ensure that there is a safe environment for every person visiting The Orchard School’s premises.
CCTV
Accidents and Incidents reporting

Disclosures

The Orchard School would only disclose information from the Visitor signing in/out system or CCTV, which is required to detect or prevent crime.  This is usually on receipt of a Police issued personal data request form, required under Police Investigations Section 29(3) of DPA 1998.  There are instances such as prevention of threat to life or serious injuries, where personal information may be provided without a signed police DPA form.

Your rights as a Data Subject

Under the Regulation, Data Subjects have 8 rights, as listed below. The Orchard School will ensure procedures are in place to be able to respond in a timely manner to any request from a Data Subject to exercise one of their rights. The 8 rights are:

• Right to be informed
• Right of access
• Right to rectification
• Right to erasure
• Right to restrict processing
• Right to data portability
• Right to object
• Rights in relation to automated decision making and profiling

Subject Access Requests

If you wish to see copies of the information held on you by The Orchard School, you may submit a Subject Access Request. Such requests must be made in writing and marked for the attention of the Nina Jackson

The Orchard School is registered as a Data Controller with the Information Commissioner.  Sips Education act as our Data Protection Officer.  You have a right to complain to the Information Commissioner’s Office about the way in which we process your personal data.  Please see https://ico.org.uk

DATE:  2023

---

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to visitor needs. We use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

We take your privacy very seriously and comply with the recent UK and EU law on handling cookies.

Browser specific instructions to block and remove cookies

• Internet Explorer: http://support.microsoft.com/kb/196955
• Firefox: http://support.mozilla.org/en–US/kb/Cookies
• Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647
• Opera: http://www.opera.com/browser/tutorials/security/privacy/
• Safari: http://docs.info.apple.com/article.html?artnum=32467
• Safari iOS: http://support.apple.com/kb/HT1677
• Android: http://support.google.com/mobile/bin/answer.py?hl=en&answer=169022
• Blackberry: Turn off cookies in the browser
• Windows Phone: Changing privacy and other browser settings

For further information please visit: https://ico.org.uk/for-organisations/guide-to-pecr/cookies-andsimilar-technologies

Cookies Used

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.

You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.

They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.