Reviewed: October 2016 Review Date: October 2018 FAIR PROCESSING NOTICE

Transcription

1 Reviewed: October 2016 Review Date: October 2018 FAIR PROCESSING NOTICE De Aston is committed to safeguarding and promoting the welfare of children and young people and expects all staff and volunteers to share this commitment DATA PROTECTION ACT Schools, Local Education Authorities (LEAs), the Department for Education (DfE), the government department which deals with education, the Qualifications and Curriculum Development Agency (QCDA), Ofsted and Education Funding Agency (EFA) all process information on pupils in order to run the education system, and in doing so have to comply with the ection Act This means, among other things that the data held about pupils must only be used for specific purposes allowed by law. We are therefore writing to tell you about the types of data held, why that data is held, and to whom it may be passed on. The school holds information on pupils in order to support their teaching and learning, to monitor and report on their progress, to provide appropriate pastoral care, and to assess how well the school as a whole is doing. This information includes contact details, National Curriculum assessment results, attendance information, characteristics such as ethnic group, special educational needs and any relevant medical information. From time to time schools are required to pass on some of this data to LEAs, the DfE and to agencies, such as Ofsted and EFA, as prescribed by law. The Local Education Authority uses information about pupils to carry out specific functions for which it is responsible, such as the assessment of any special educational needs the pupil may have, and to fulfil its responsibilities in the area of admissions. It also uses the information to derive statistics to inform decisions on (for example) the funding of schools, and to assess the performance of schools and set targets for them. The statistics are used in such a way that individual pupils cannot be identified from them. The Qualifications and Curriculum Development Agency uses information about pupils to administer the National Curriculum tests and assessments for Key Stages 1 to 3. The results of these are passed on to DfE in order for it to compile statistics on trends and patterns in levels of achievement. The QCDA uses the information to evaluate the effectiveness of the National Curriculum and the associated assessment arrangements, and to ensure that these are continually improved. Ofsted uses information about the progress and performance of pupils to help inspectors evaluate the work of schools, to assist schools in their self-evaluation, and as part of Ofsted s assessment of the effectiveness of education initiatives and policy. Inspection reports do not identify individual pupils. The Education Funding Agency (EFA) uses information about pupils for statistical purposes, to evaluate and develop education policy and to monitor the performance of the education service as a whole. The statistics (including those based on information provided by the QCDA) are used in such a way that individual pupils cannot be identified from them. On occasion, information may be shared with other Government departments or agencies strictly for statistical or research purposes only. The Department for Education (DfE) uses information about pupils for research and statistical purposes, to inform, influence and improve education policy and to monitor the performance of the education service as a whole. The DfE will feed back to LEAs and schools information about their pupils for a variety of purposes that will include data checking exercises, use in self-evaluation analyses and where information is missing because it was not passed on by a former school. The DfE will also provide Ofsted with pupil level data for use in school inspection. Where relevant, pupil information may also be shared with post 16 learning institutions to minimise the administrative burden on application for a course and to aid the preparation of learning plans. 1 of 14

2 Pupil information may be matched with other data sources that the Department holds in order to model and monitor pupils educational progression; and to provide comprehensive information back to LEAs and learning institutions to support their day to day business. The DfE may also use contact details from these sources to obtain samples for statistical surveys: these surveys may be carried out by research agencies working under contract to the Department and participation in such surveys is usually voluntary. The Department may also match data from these sources to data obtained from statistical surveys. Pupil data may also be shared with other Government Departments and Agencies (including the Office for National Statistics) for statistical or research purposes only. In all these cases the matching will require that individualised data is used in the processing operation, but that data will not be processed in such a way that it supports measures or decisions relating to particular individuals or identifies individuals in any results. This data sharing will be approved and controlled by the Department s Chief Statistician. The DfE may also disclose individual pupil information to independent researchers into the educational achievements of pupils who have a legitimate need for it for their research, but each case will be determined on its merits and subject to the approval of the Departments Chief Statistician. Pupils, as data subjects, have certain rights under the ection Act, including a general right of access to personal data held on them. If you wish to access your personal data, or you wish your parents to do so on your behalf, then please contact the relevant organisation in writing: the school at De Aston School, Market Rasen LN8 3RF the LEA s ection Officer at Lincolnshire County Council, County Offices, Newland, Lincoln, LN1 1YQ QCDA Butts Road, Earlsdon Park, Coventry, CB1 3BH Ofsted: Head of Information Rights, Aviation House, 125 Kingsway, London, WC2B 6SE The DfE s ection Officer at DfES, Caxton House, Tothill Street, London, SW1H 9NA. In order to fulfil their responsibilities under the Act, the organisation may, before responding to this request, seek proof of the requestor s identify and any further information required to locate the information requested. Separately from the ection Act, regulations provide a pupil s parent (regardless of the age of the pupil) with the right to view, or to have a copy of, their child s educational record at the school. If you wish to exercise this right you should write to the school. Providing Information to Careers Services Providers For pupils approaching or above age 13, the school is also required to pass on information to Careers services providers on request. This information includes the name and address of the pupil and parent, and any further information relevant to the Careers services role, which is to support young people, helping them to achieve their potential and to realise the benefits from education and training. However parents, or the pupil themselves if aged 16 or over, can ask that no information beyond name and address (for pupil and parent) be passed on to Careers. If as a parent, or as a pupil aged 16 or over, you do not want the Careers Service to receive from the school information beyond name and address, then please contact the school within four weeks of receiving this note. The LEA and DfE may supply to Careers services providers information which they have about your child, but will not pass any information they have received from the school if you (or your child if aged 16 or over) have notified the school that the Careers Service should not receive information beyond name and address. Retention Schedule A retention schedule provides guidance upon how long different categories of records should be held and when they can be destroyed. The appendix contains the recommended retention schedule for student records; it does not list individual documents by names, rather it outlines the type of information being held thus allowing for different practices. All records should be destroyed when their retention period has passed. The retention schedule takes into account the time and resources that would be required to weed files and therefore recommends standard points at which student files, assessment etc. can be destroyed. 2 of 14

3 Retention Schedule Basic file description 1. Child ection 1.1 Child ection files 1.2 Allegation of a child protection nature against a member of staff, including where the allegation is unfounded Education Act 2002, s175, related guidance Safeguarding Children in Education, September 2004 Employment Practices Code: Supplementary Guidance (Records of Disciplinary and Grievance) Education Act 2002 guidance Dealing with Allegations of Abuse against Teachers and Other Staff November of 14 DOB + 25 years. This amendment has been made in consultation with the Safeguarding Children Group. Until the person s normal retirement age, or 10 years from the date of the allegation whichever is the longer From January 1st 2005 subject access is permitted into unstructured filing systems and log books and other records created within the school containing details about the activities of individual pupils and members of staff will become subject to the ection Act Governors 2.1 Minutes Principal set (signed) No Permanent Retain in school for 6 years from date of meeting Inspection copies No Date of meeting + 3 years [If these minutes contain any sensitive personal information they should be shredded] 2.2 Agendas No Date of meeting 2.3 Reports No Date of report + 6 years Retain in school for 6 years from date of meeting 2.4 Annual Parents meeting papers No Date of report + 6 years Retain in school for 6 years from date of meeting Retain in school whilst school is open 2.5 Instruments of Government No Permanent

4 2.6 Trusts and Endowments No Permanent Retain in school whilst operationally required 2.7 Action Plans No Date of action plan + 3 years 2.8 Policy documents No Expiry of policy Retain in school whilst policy is operational (this includes if the expired policy is part of a past decision making process) 2.9 Complaints files Date of resolution of complaint + 6 years 2.10 Annual Reports required by the Department for Education 2.11 Proposals for schools to become, or be established as Specialist Status schools No No Education (Governors Annual Reports) (England) (Amendment) Regulations 2002.SI 2002 No of 14 Date of report + 10 years 3. Management 3.1 Log Books Date of last entry in the book + 6 years 3.2 Minutes of the Senior Management Team and other internal administrative bodies 3.3 Reports made by the Headteacher or the management team 3.4 Records created by head teachers, deputy head teachers, heads of year and other members of staff with administrative responsibilities 3.5 Correspondence created by head teachers, deputy head teachers, heads of year and Retain in school for the first six years Review for further retention in the case of contentious disputes routine complaints Current year + 3 years Retain in the school for 6 years from the date of the last entry Date of meeting + 5 years Retain in the school for 5 years from meeting Date of report + 3 years Retain in the school for 3 years from meeting Closure of file + 6 years No Date of correspondence + 3 years

5 3.6 Basic file description other members of staff with administrative responsibilities Professional development plans Closure + 6 years 3.7 School development plans Closure + 6 years Review 3.8 Admissions - if the Admission + 1 year admission is successful 3.9 Admissions - if the appeal is unsuccessful Resolution of case + 1 year 3.10 Admissions - Secondary Schools - Casual 3.11 Proofs of address supplied by parents as part of the admissions process Current year + 1 year Current year + 1 year 3.12 Supplementary Information form including additional information such as religion, medical conditions etc. 4. Pupils 4.1 Admission Registers Date of last entry in the book (or file) + 6 years Re consider Retention Period. Feedback from Teaching Relative was thought to be 7 Year Retention. These records are no longer generated in paper but electronically held using SIMS BROCON software. 5 of 14 Retain in the school for 6 years from the date of the last entry then consider transfer to the Archives 4.2 Attendance registers Date of register + 3 years [If these records are retained electronically any backup copies should be destroyed at the same time] Pupil Files Retained in 4.3 Schools 4.3a Primary Retain for the time which the pupil remains at the primary school Transfer to the secondary school (or other primary school) when the child leaves the school. In the case

6 of exclusion it may be appropriate to transfer the record to the Pupil Referral Unit 4.3b Secondary Limitation Act 1980 DOB of the pupil + 25 years 4.4 Pupil files 4.4a Primary Retain for the time which the pupil remains at the primary school Transfer to the secondary school (or other primary school) when the child leaves the school. In the case of exclusion it may be appropriate to transfer the record to the Pupil Referral Unit 4.4b Secondary Limitation Act 1980 DOB of the pupil + 25 years 4.5 Special Educational Needs files, reviews and Individual Education Plans 4.6 Correspondence Relating to Authorised Absence and 4.7 Examination results DOB of the pupil + 25 years the review NOTE: This retention period is the minimum period that any pupil file should be kept. Some authorities choose to keep SEN files for a longer period of time to defend themselves in a failure to provide a sufficient education case. There is an element of business risk analysis involved in any decision to keep the records longer than the minimum retention period. No Date of absence + 2 years 4.7a Public No Year of examinations + 6 years 4.7b Internal examination results Current year + 5 years 4.8 Any other records created in the course of contact with pupils /No Current year + 3 years Review at the end of 3 years and either allocate a further retention period or 6 of 14

7 4.9 Statement maintained under The Education Act Section Proposed statement or amended statement 4.11 Advice and information to parents regarding educational needs Special Educational Needs and Disability Act 2001 Section 1 Special Educational Needs and Disability Act 2001 Section 1 Special Educational Needs and Disability Act 2001 Section Accessibility Strategy Special Educational Needs and Disability Act 2001 Section Parental permission slips for school trips - where there has been no major incident 4.14 Parental permission slips for school trips - where there has been a major incident 4.15 Records created by schools to obtain approval to run an Educational Visit outside the Classroom - Primary Schools 4.16 Records created by schools to obtain approval to run an Educational Visit outside the Classroom - Secondary 7 of 14 DOB + 30 years DOB + 30 years Closure + 12 years Closure + 12 years unless legal action is pending unless legal action is pending unless legal action is pending unless legal action is pending Conclusion of the trip Limitation Act 1980 DOB of the pupil involved in the incident + 25 years The permission slips for all pupils on the trip need to be retained to show that the rules had been followed for all pupils No 3 part supplement to the Date of visit + 14 years Health & Safety of Pupils on Educational Visits (HASPEV) (1998). No 3 part supplement to the Health & Safety of Pupils on Educational Visits (HASPEV) (1998). Date of visit + 10 years Schools 4.17 Walking Bus registers Date of register + 3 years This takes into account the fact that if there is an incident requiring an accident report the register will be submitted with the accident report and kept for the period of time required for accident reporting N N [If these records are retained electronically any backup copies should be destroyed at the same time]

8 5. Curriculum 5.1 School Development Plan No Current year + 6 years 5.2 Curriculum returns No Current year + 3 years 5.3 Schemes of work No Current year + 1 year It may be appropriate to review these records at the end of each year and allocate a new retention period or 5.4 Timetable No Current year + 1 year It may be appropriate to review these records at the end of each year and allocate a new retention period or 5.5 Class record books No Current year + 1 year It may be appropriate to review these records at the end of each year and allocate a new retention period or 5.6 Mark Books No Current year + 1 year It may be appropriate to review these records at the end of each year and allocate a new retention period or 5.7 Record of homework set No Current year + 1 year It may be appropriate to review these records at the end of each year and allocate a new retention period or 5.8 Pupils work No Current year + 1 year It may be appropriate to review these records at the end of each year and allocate a new retention period or SECURE DISPOSAL 5.9 Examination results Current year + 6 years 5.10 SATS records - Examination Papers and Results Current year + 6 years 5.11 PAN reports Current year + 6 years 5.12 Value Added & Contextual Current year + 6 years 5.13 Self-Evaluation forms Current year + 6 years 6. Personnel Records held in Schools 6.1 Timesheets, sick pay Financial Regulations Current year + 6 years 6.2 Staff Personal files Termination + 7 years 8 of 14

9 6.3 Interview notes and Date of interview + 6 months recruitment records 6.4 Pre-employment vetting information (including CRB No CRB guidelines Date of check + 6 months [by the designated member of staff ] checks) 6.5 Disciplinary proceedings: Where the warning relates to child protection issues see 1.2. If the disciplinary proceedings relate to a child protection matter please contact your safeguarding children officer for further advice. 6.5a oral warning Date of warning + 6 months 6.5b written warning - level one Date of warning + 6 months 6.5c written warning - level two Date of warning + 12 months 6.5d final warning Date of warning + 18 months 6.5e case not found If child protection related please see 1.2 otherwise SECURE DISPOSAL immediately at the conclusion of the case 6.6 Records relating to accident/injury at work 6.7 Annual appraisal/assessment records 6.8 Salary cards 6.9 Maternity pay records Statutory Maternity Pay (General) Regulations 1986 (SI 1986/1960), revised 1999 (SI 1999/567) 6.10 Records held under Retirement Benefits Schemes (Information Powers) Regulations of 14 Date of incident + 12 years In the case of serious accidents a further retention period will need to be applied No Current year + 5 years Last date of employment + 85 years Current year +3yrs Current year + 6 years

10 6.11 Basic file description Proofs of identity collected as part of the process of checking portable enhanced CRB disclosure 10 of 14 Where possible these should be checked and a note kept of what was seen and what has been checked. If it is felt necessary to keep copy documentation then this should be placed on the member of staff s personal file. 7. Health and Safety 7.1 Accessibility Plans Disability Discrimination Act Current year + 6 years 7.2 Accident Reporting Social Security (Claims and Payments) Regulations 1979 Regulation 25. Social Security Administration Act 1992 Section 8. Limitation Act a Adults Date of incident + 7 years 7.2b Children DOB of child + 25 years 7.3 COSHH Current year + 10 years [where appropriate an additional retention period may be allocated] 7.4 Incident reports Current year + 20 years 7.5 Policy Statements Date of expiry + 1 year 7.6 Risk Assessments Current year + 3 years 7.7 Process of monitoring of areas where employees and persons are likely to have become in contact with asbestos Last action + 40 years 7.8 Process of monitoring of areas where employees and persons are likely to have come in contact with radiation Last action + 50 years 7.9 Fire Precautions log books Current year + 6 years

11 8. Administrative 8.1 Employer's Liability certificate Closure of the school + 40 years 8.2 Inventories of equipment & furniture Current year + 6 years 8.3 General file series Current year + 5 years Review to see whether a further 8.4 School brochure or prospectus Current year + 3 years 8.5 Circulars (staff/parents/pupils) Current year + 1 year 8.6 Newsletters, ephemera Current year + 1 year Review to see whether a further 8.7 Visitors book Current year + 2 years Review to see whether a further 8.8 PTA/Old Pupils Associations Current year + 6 years Review to see whether a further 9. Finance 9.1 Annual Accounts Financial Regulations Current year + 6 years 9.2 Loans and grants Financial Regulations Date of last payment on loan + 12 years Review to see whether a further 9.3 Contracts 9.3a under seal Contract completion date + 12 years 9.3b under signature Contract completion date + 6 years 9.3c monitoring records Current year + 2 years 9.4 Copy orders Current year + 2 years 9.5 Budget reports, budget monitoring etc. Current year + 3 years Invoice, receipts and other Financial Regulations Current year + 6 years 9.6 records covered by the Financial Regulations 9.7 Annual Budget and Current year + 6 years background papers 9.8 Order books and requisitions Current year + 6 years 9.9 Delivery Documentation Current year + 6 years 9.10 Debtors Records Limitation Act 1980 Current year + 6 years 11 of 14

12 9.11 School Fund - Cheque books Current year + 3 years 9.12 School Fund - Paying in Current year + 6 years then books review 9.13 School Fund - Ledger Current year + 6 years then review 9.14 School Fund - Invoices Current year + 6 years then review 9.15 School Fund - Receipts Current year + 6 years 9.16 School Fund - Bank Current year + 6 years then statements review 9.17 School Fund - School Current year + 6 years then Journey books review 9.18 Student grant applications Current year + 3 years 9.19 Free school meals registers Current year + 6 years 9.20 Petty cash books Current year + 6 years 10. Property Title Deeds Permanent Permanent, these should follow the 10.1 property unless the property has been registered at the Land Registry 10.2 Plans Permanent Retain in school whilst operational 10.3 Maintenance and contractors Financial Regulations Current year + 6 years 10.4 Leases Expiry of lease + 6 years 10.5 Lettings Current year + 3 years 10.6 Burglary, theft and Current year + 6 years vandalism report forms 10.7 Maintenance log books Current year + 6 years 10.8 Contractors Reports Current year + 6 years 11. Local Authority 11.1 Secondary transfer sheets (Primary) Current year + 2 years 11.2 Attendance returns Current year + 1 year 11.3 Circulars from LEA Whilst required operationally Review to see whether a further 12. Department for Children, Schools and Families 12.1 HMI reports These do not need to be kept any longer 12 of 14

13 12.2 OFSTED reports and papers Replace former report with any new inspection report Review to see whether a further 12.3 Returns Current year + 6 years 12.4 Circulars from Department for Children, Schools and Families Whilst operationally required Review to see whether a further 13. Connexions 13.1 Service level agreements Until superseded 13.2 Work Experience DOB of child + 18 years agreement 14. Schools Meals 14.1 Dinner Register Current year + 3 years 14.2 School Meals Summary Current year + 3 years Sheets 15. Family Liaison Officers and Home School Liaison Assistants 15.1 Day Books Current year + 2 years then review 15.2 Reports for outside agencies - where the report has been included on the case file created by the outside agency Whilst the child is attending the school then destroy 15.3 Referral forms While the referral is current 15.4 Contact data sheets Current year then review, if contact is no longer active then destroy 15.5 Contact database entries Current year then review, if contact is no longer active then destroy DELETE 15.6 Group Registers Current year + 2 years 13 of 14

14 CCTV DATA PROTECTION POLICY Purpose Definition and justification for the use of CCTV within De Aston School: The purpose is "Prevention and detection of criminal activity and protection of school property". Registration All CCTV systems in use in De Aston will be registered with the school's ection Co-ordinator. Mail: De Aston School, Willingham Road, Market Rasen, Lincolnshire, LN8 3RF Tel: Signs One or more prominent signs will be displayed in the vicinity of locations where the CCTV is deployed and will state/give the following information: Why CCTV is being used Who manages the CCTV operation Contact details in case anyone wants to find out more about the scheme or to request access to their CCTV images Tape/recording-medium management Media will normally only be viewable by the operational management on a need-to-view basis, in an area secure from casual/accidental viewing by unauthorised persons. Appropriate measures will be taken to prevent unauthorised/unlawful processing of data or accidental loss. Media will be of good quality. Media will be held at all times in secure, locked storage. Recordings will only be retained for an adequate period for the purpose for which they are being made (called the 'Retention Period'). Live-imaging only Where live-imaging only occurs, i.e. where a monitor only is in use without a recorder, there is nothing to supply for a subject-access request. The response to any request to view should be that "tapes are not held." Maintenance The Network Manager will be charged with ensuring the system is adequately maintained. This person should ensure that the operation of the equipment is checked regularly and any faults are rectified as soon as possible. Additional maintenance requirement for CCTV with recording Media will be managed adequately (see above). A maintenance log will be kept listing installation dates, repair details and tape changes. subject access rights All persons whose image is/might be recorded on a CCTV tape/media have a right to have a copy of those images including themselves, but have no right to view images of persons other than themselves. No data subject (student/staff etc.) will be given access to CCTV footage unless they make a formal " Subject Access Request - SAR)". They should do this by expressing their desire to access information under the terms of the (1998) ection Act IN WRITING. The written request MUST be referred to the ection Coordinator, whose responsibility it is to ensure full legal compliance with lawful processing. 14 of 14