Pupil data: Children not in education

Defend Digital Me made this Freedom of Information request to Conwy County Borough Council as part of a batch sent to 18 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.

Response to this request is long overdue. By law, under all circumstances, Conwy County Borough Council should have responded by now (details). You can complain by requesting an internal review.

Defend Digital Me

Dear Conwy County Borough 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?

Uned Llyw-Gwyb / Info-Gov Unit, Conwy County Borough Council

Diolch am eich neges e-bost. Os ydych yn gofyn am fynediad at wybodaeth
dan delerau Deddf Rhyddid Gwybodaeth 2000 cewch ymateb o fewn ugain
niwrnod gwaith.

Thank you for your email. If you are requesting access to information
under the terms of the Freedom of Information Act 2000 you will receive a
response within twenty working days.

[1]Sefyllfa Bresennol Gwasanaethau'r Cyngor   |   [2]Council Services
Current Situation

Rydym yn croesawu gohebiaeth yn y Gymraeg a’r Saesneg fel ei gilydd. Ni
fydd gohebiaeth yn yr un iaith na’r llall yn arwain at unrhyw oedi. We
welcome correspondence in both Welsh and English. We will respond to
correspondence in either language without delay. [3][USEMAP]

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Uned Llyw-Gwyb / Info-Gov Unit, Conwy County Borough Council

Dear Requester,

Thank you for your enquiry.

In light of the unprecedented challenges posed by the coronavirus pandemic please be aware that we will continue to make every effort to comply with any relevant timescales that might apply to your enquiry, however the safety and security of the public remains the primary concern and it is with this in mind please be aware that some slippage might occur with regards to the timely provision of any response.

This will be kept to a minimum wherever possible and the Council will review its position in line with directions from Government and Public Health organisations as and when required.

Please ensure all email correspondence is sent to the [Conwy Council request email] email address.

Thanking you in advance for your understanding and patience.

Uned Llywodraethu Gwybodaeth/ Information Governance Unit Cyngor Bwrdeistref Sirol CONWY County Borough Council E-Bost / E-Mail: [Conwy Council request email]

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