Pupil data: Children not in education
Defend Digital Me made this Freedom of Information request to Warwickshire County Council as part of a batch sent to 12 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.
Dear Warwickshire County Council,
This FOI request is for information that is processed about "children not in education".
It is in 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.
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 request
Our reference: 7379428
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Dear Jen Persson
Freedom of Information Act 2000
Thank you for your request for information that was received on 16
November 2021. We are dealing with your request under the Freedom of
Information Act 2000
Under our normal statutory requirements we are required to provide you
with a response within 20 working days of the receipt of your request.
Therefore we aim to send a response by 15 December 2021.
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your right to request an internal review and to
complain to the Information Commissioner's Office.
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
Kind regards
Bruce Green
Information Rights Officer
Information Management Team
Shire Hall
Warwick
CV34 4RL
Tel: 01926 412211
NOTE: Please do not edit the subject line when replying to this email.
Information request
Our reference: 7379428
══════════════════════════════════════════════════════════════════════════
Dear Jen Persson
Freedom of Information Act 2000
Please accept our apologies for the lengthy ongoing delay in providing the
Council's response to your request, and for any inconvenience this is
causing. I am continuing to liaise with the relevant teams at
Warwickshire County Council to ensure this is being dealt with.
As part of this process, I am need to ask you to clarify some of your
request.
This is because we are not certain that we have understood these parts of
your request correctly, and we need further details from you in order to
identify any information we might hold.
The clarification required relates to parts of Q1 and Q2 of your request:
Q1.2 When the destination from the following is unknown:
f. Nursery?
Q2. About the databases or registers currently processed.
For each scenario and / or separate records used, please provide:
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)?
The officer looking at this part of your request has asked:
By 'each scenario', please can the requestor clarify what is being
referred to here? Is this the number of pupils in the relevant database or
the number of pupils for each scenario listed in Q1?
If the latter, for scenario in Q1.2.f, the request then effectively reads
'how many individuals leaving a nursery had an unknown destination?' I
would then want to clarify the timeframe for this question. Is this all
time data up until June 30 2021?
In addition, for question 2.g. by currently processed, should this only
include records that are currently an active case or can it also include a
case that we have archived but is not an active case?
Therefore, I would be grateful if you could provide clarification to the
points outlined above.
I will not be able to take this matter further without this extra
information from you, please let me know by 22nd November 2022. If I do
not hear from you within the timeframe provided, I shall take it that you
do not wish to pursue this request and will consider the request closed.
If you need assistance, please contact me at:
[1][Warwickshire County Council request email] in the first instance.
Kind regards
Bruce Green
Information Rights Officer
Information Management Team
Shire Hall
Warwick
CV34 4RL
Tel: 01926 412211
NOTE: Please do not edit the subject line when replying to this email.
References
Visible links
1. mailto:[Warwickshire County Council request email]
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