Pupil data: Children not in education

Kingston upon Thames Borough Council did not have the information requested.

Defend Digital Me

Dear Kingston upon Thames Borough Council,
under the terms of the FOI Act 2000, please can you provide the following information with 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 , we expect only a yes/no answer 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 only a yes/no answer and/or the register name.
Question four does not ask for personal details.

Thank you for your support.
Jen Persson, defenddigitalme

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 Kingston upon Thames Borough 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 already 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?

RBK FOI, Kingston upon Thames Borough Council

Dear Jen Persson ,
Thank you for your request for information.

The information that you have requested has been considered under the
Freedom of Information Act 2000. It cannot be provided as it is not held
by the Royal Borough of Kingston upon Thames (Kingston).

Your request is for information relating to the provision of children’s
services. These services are managed on behalf of Kingston by Achieving
for Children (AfC), a community interest company.

Please submit your request via email to [email address].u
or by post to the Freedom of Information Lead, Achieving for Children, 2nd
Floor, 42 York Street, Twickenham, TW1 3BW. A link can be found on the AfC
Yours sincerely,

FOI Team

Royal Borough of Kingston upon Thames
London Borough of Sutton

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