Pupil data: Children not in education

Defend Digital Me made this Rhyddid Gwybodaeth request to Cumbria County Council as part of a batch sent to 16 authorities

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Roedd y cais yn rhannol lwyddiannus.

Defend Digital Me

Dear Cumbria County Council,
This FOI request is for information that is processed about "children not in education".

It is regards to existing practice on recording and retaining personal data at individual named child level, whether data is collected on a voluntary basis from the person, or otherwise.

For Question one, 1.1 to 1.4 , and in order to make it easy to respond, we expect a yes/no answer only for each scenario. For question 1.5 please explain if necessary in free text.

Question two may be met by providing a copy of a Data Protection Impact Assessment for each relevant dataset.

For Question three, we expect a yes/no answer; and/or the register name.

Question four does not ask for personal details.

If it is helpful to see how this was answered by another council, for reference, please see https://www.whatdotheyknow.com/request/p...

Thank you.
Sincerely,
Jen Persson
defenddigitalme

Definitions
Child (anyone aged under 18)
Records (data in any digital format, ie. spreadsheets, databases etc)
Educational setting (Any provider of state funded education: nursery, infant, primary, secondary, FE, AP, Hospital school, YOI etc)

Q1. On what grounds is a child’s personal data processed in or on behalf of the Council
1.1 When a child is deregistered
a. To receive an education otherwise than at school
b. Due to permanent exclusion
c. Due to unauthorised and unexplained absence (authorised absence plus ten days or 20 days) for which reasonable enquiries have been unable to resolve
d. To move from state into independent (private) education
e. To move out of independent (private) education to anything else

1.2 When the destination from the following is unknown
f. Nursery
g. Alternative provision
h. Custody
i. Post-16 education

1.3 When the authority becomes aware of
j. A child being educated otherwise than at school
k. A child about whose education there is nothing known
l. A child whose parents the authority considers to be failing to provide a suitable education

1.4 When the authority has children in its geographical area that may be passing through but not in education
m. child born outside England
n. a child of a service family (army, navy etc)
o. a child of a family without permanent address

1.5 Please provide any other circumstances or grounds in which the authority becomes aware of children not in education, about which they may make a record, for any other reason not listed.

Q2. About the databases or registers currently processed.

2.1. For each scenario and/or separate records used, please provide
a. the relevant Data Protection Impact Assessment
b. If no DPIA exists, the name/title of the database/spreadsheet used.
c. If no DPIA exists, the field names (ie which data items may be collected)
d. If not listed in the DPIA or none exists, please state on which legislation does each data collection rely? i.e The Children Act 1989, Duty to identify ‘Children Missing Education’ (s436a Education Act 1996), Education (Pupil Registration) Regulations (England) 2006, Children Missing Education Statutory guidance for local authorities 2016, the Elective home education: departmental guidance for local authorities 2019 or state which if something else.)
e. The numbers of individuals in each database as of June 30, 2021.
f. The numbers of individuals in each database who are children on June 30, 2021.
g. The earliest record start date that is still retained by the authority for any of the above (i.e what is the oldest record currently processed includes those who may no longer be children)
h. where children are listed as ‘unknown’ (at any age including post-16 in Youth Employability Services) what data sources are used to create a record or make an intervention? (ie Revenue and Benefits data, Pre 16 Risk of NEET Indicator, UCAs, social media etc)

Q3. Does the Local Authority maintain a record of other parties to whom such data has been distributed or shared?

Q4. Where does responsibility (Job title, Department no personal details requested) for
a) processing and b) the oversight of the above processing sit?

Information Governance, Cumbria County Council

Dear Jess Perrson 

Freedom of Information Act 2000 Reference: FOI-10831-2021

Thank you for your request for information regarding Children not in
Education, which was received on 22/10/2021.

The council aims to provide you with the information within the statutory
timescale of 20 working days in this case the date is 18/11/2021.
Subject to the information not being exempt or containing any references
to third parties.

The council will, as a matter of routine make information available in
electronic format. Where it is not practical to do this information will
be provided in hard copy (paper). If information is required in
alternative formats e.g. language, audio, large print, etc., please
indicate this as soon as possible so the council can consider your
request.

The Freedom of Information Act 2000 define a number of
exemptions/exceptions which may prevent information being released to you
automatically. The council will make an assessment about the application
of any exemptions/exceptions and issue you with a decision letter, which
will include details of your right to appeal.

If the information you request contains reference to a third party the
council will consult with them prior to making a decision about the
release of information.

In accordance with the council's Charging Policy a fee may be charged for
supplying information. If a fee is payable you will be issued with a fees
notice. The applicable fee must be paid in full before the information is
processed and released. The statutory time limit for responses is
suspended until the council has received and processed your payment. If
payment is not received within three months of issuing the fees notice
your request will be closed.

If you have any queries or concerns about this email do not hesitate to
contact us.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[1]https://cumbria.gov.uk
 

References

Visible links
1. https://cumbria.gov.uk/

Information Governance, Cumbria County Council

1 Atodiad

Dear Jess Perrson 

Freedom of Information Act 2000, Reference: FOI-10831-2021

Please see attached for a response to your request for information.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[1]https://cumbria.gov.uk
 

References

Visible links
1. https://cumbria.gov.uk/