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Who are we?

Learning & Wellbeing Psychology CIC is the ‘data controller’. This means we are responsible for how your personal information, or the personal information of your child for whom you exercise data rights, is processed and for what purposes. Our postal address is:

 

Learning & Wellbeing Psychology CIC

Suite 333

29-30 Horse air

Banbury

Oxfordshire

OX16 0BW

 

Telephone number: 0300 303 5197

 

Learning & Wellbeing Psychology CIC is the data controller for the information we process. Learning & Wellbeing Psychology CIC is registered with the Information Commissioner’s Office (ICO).

 

Registration Number: ZA678287

 

Data Protection Officer’s Contact Details

Our data protection officer is Dr. Kathryn Gibb. You can contact her at: contact@learningandwellbeing.org

 

If you want to contact her using our postal address you can do so, please mark the envelope ‘Data Protection Officer’.

 

What is a Privacy Notice?

A Privacy Notice sets out to individuals how we use any personal information that we hold about them. We are required to publish this information by data protection legislation. This Privacy Notice explains how we process (collect, store, use and share) personal information about our students and parents.

 

Why is personal information collected by Learning & Wellbeing Psychology?

Personal information is collected to deliver Educational Psychology Services. This information is gathered for the purpose of forming a professional opinion or psychological formulation.  The specific work carried out will vary according to the child/young person’s individual needs and the concerns being explored. In so doing, Learning & Wellbeing Psychology CIC only collects information that is relevant to the purpose of undertaking that work and the associated reporting and advising.

 

Although the work may have been commissioned by a parent, school or other organisation, the legal basis for processing the data is the consent of the parent exercising data subject rights on behalf of their child/ young person, or, where the child/ young person can understand and make sense of the information, the consent of the child/ young person themselves.

 

What is Personal Information?

Personal information relates to a living individual who can be identified from that information. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. ‘Special category’ personal information relates to personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.

 

What personal information does Learning & Wellbeing Psychology process about children/ young people and parents?

The student and parent information that we collect and hold might include:

• Personal information including a student’s name, date of birth and home address.

• Characteristics such as ethnicity, language, nationality, country of birth and free school meal eligibility.

• Attendance information such as sessions attended, number of absences and absence reasons.

• Educational information including records of work, assessment results.

• Relevant medical information.

• Details of students’ special educational needs, exclusions/behavioural information, post-16 learning information.

• Contact information for parents, carers and other relatives, including telephone numbers, home addresses and e-mail addresses.

• Information about a child’s home life, where required to form a psychological assessment or as part of necessary safeguarding and welfare processes.

 

Personal information about a child/young person may be obtained from a third party including their school/education setting and other professionals/agencies (e.g. health services). This might include reports and assessment data from other agencies.

 

We may share this information where we have your specific consent, as long as we also need to do so for the purposes of delivering a service, or to fulfil our obligation to comply with the law or protect someone’s vital interests (e.g. safeguarding obligations).

 

How is the information then used and processed?

We use data about the child/ young person and their family:

• to support the child/ young person’s learning

• to support child/ young person’s wellbeing

• to monitor and report on child/ young person’s progress

• to provide appropriate wellbeing and learning interventions

• to assess the quality of our services

• to comply with the law regarding data sharing

• to safeguard child/ young person’s

• to maintain our own accounts and records

• to carry out fundraising

• to support child/ young person’s career guidance

• to support a child/ young person’s transition to other services or education settings

• to form a professional opinion or psychological formulation of the child/ young person’s strengths and needs and provide advice and appropriate support.

 

Reports and/or letters are shared with the child/young person’s parent/carer and the school/education setting through end-to-end encrypted email (e.g. Egress). The report or summary may also be shared with other professionals/agencies who are involved with the child/young person with parents’ either as part of the public function requirement, where there is a need to ensure safeguarding of the child, where there is a legitimate interest to do so to fulfill LWP’s obligations or by consent (where the parent is exercising data subject rights on behalf of their child), or by the child (where the child can understand and give an opinion on how they want their data used).

 

What are the legal bases for us to process your personal information?

We are required to process personal information in accordance with data protection legislation and only do so when the law allows us to. The lawful reasons we have for processing personal information are dependent on the purpose of processing activity. The purposes and the legal bases for processing that data that LWP will process data are: :

 

1. Fulfilling tasks required by School’s requirements to comply with Education Acts/ Government Regulations.

Where the educational establishment is doing its statutory duty by engaging LWP’s services, the legal basis for LWP processing will be Public Task and Substantial Public Interest. This will include the sharing of documents from other Agencies that have had contact with the data subject (child) and the sharing of any document/ report that is created by LWP with these agencies following the interaction with the data subject.The Parent has the right to object to this processing.

 

2. Providing EPS to Schools outside of Statutory Support.

Where the educational establishment is doing its statutory duty by engaging LWP’s services, the legal basis for LWP processing will be Legitimate Interest and Substantial Public Interest. This will include the sharing of documents from other Agencies that have had contact with the data subject (child) and the sharing of any document/ report that is created by LWP with these agencies following the interaction with the data subject.The Parent has the right to object to this processing.

 

Other bases that we may use are:

1. To comply with the law. e.g. We have to process data to fulfill a legal obligation such  as providing documents to allow an investigation to take place

2. To protect someone’s vital interests. e.g. If there is a need to share a document because there is potential life-threatening situation for the data subject

 

Special category personal information

In order to process ‘special category’ data, we must be able to demonstrate how the law allows us to do so.  In additional to the lawful reasons above, we must also be satisfied that ONE of the following additional lawful reasons applies:

1. Explicit consent of the data subject

2. Processing relates to personal data which is manifestly made public by the data subject

3. Necessary for establishing, exercising or defending legal claims

4. Necessary for reasons of substantial public interest, namely DPA Schedule1 Part 2(6) - Statutory etc and government purposes

5. Necessary for preventive or occupational medicine, or for reasons of public interest in the area of public health

6. Necessary for archiving, historical research or statistical purposes in the public interest

 

Who might we share your information with?

Depending on the legal basis of processing as designated above we will share data accordingly. If the basis was Public Interest/ Legitimate Interest you would be made aware as much as possible depending on the individual circumstances.  If the basis of processing was Consent, we will seek your consent to share information with your child’s school. We do not routinely share student information with any other parties.

 

What do we do with your information?

All personal information is held in a manner which is compliant with data protection legislation. Personal information is only processed for the purpose it was collected. The school monitors the personal information it processes and will only share personal information with a third party if it has a legal basis to do so (as set out above).

 

We take the storage of personal data and special category data very seriously and have safeguards in place to protect against unlawful or unauthorised processing or accidental loss or damage.

 

Referral information and consent forms are stored securely in an electronic folder on a password protected laptop and online cloud. Paper copies are then destroyed.

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Paper records (e.g., handwritten notes and test forms) are stored in a locked filing cabinet and are securely destroyed when no longer needed (e.g. when psychological formulation and reports have been completed).

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Reports/summaries are stored on an encrypted password protected laptop and online cloud.

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Electronic information is backed up and stored securely on an external hard drive.

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If transported, the laptop will remain either in a locked environment or in the personal possession of the educational psychologists.

 

How long do we keep your information for?

Personal data on clients is retained for either 25 years after the data subjects date of birth or 7 years, following the last contact about that child/ young person, in line with guidelines from the British Psychological Society, Practice Guidelines, Third Edition, August 2017. During the 7th year, any electronic information and remaining paper records (e.g., test forms) will then be deleted/destroyed. 

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This data is retained for the purposes of information if the client/data subject were re-referred to our service, so we can fulfil a data subject access request and for the purposes of professional defence.

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Transferring data internationally

Where we transfer personal data to a country or territory outside the United Kingdom, we will do so in accordance with data protection law. These safeguards include  Data transfer to those countries designated with an Adequacy decision by the ICO or the use of the ICO’s International Data Transfer agreement for countries no adequacy decision.

 

 

Data Breach Procedure

Any data breeches will be reported to the data subject(s) within 72 hours of the educational psychologist becoming aware of the breach.  Where appropriate, the Information Commissioner’s Office (ICO) will also be informed of the breach.

 

 

What are your rights with respect of your personal information?

Under data protection law, parents and children/ young people have the right to request access to information about them that we hold.

 

You also have the right to:

• access your information

• object to processing of personal data that is processed under the Public Task/ Legitimate Interest and Substantial Public Interest bases that is likely to cause, or is causing, damage or distress;

• prevent processing for the purpose of direct marketing;

• object to decisions being taken by automated means;

• in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed;

• claim compensation for damages caused by a breach of the Data Protection regulations; and

• withdraw your Consent for the processing of data at anytime.

 

Access to Records

Client access to records will be restricted to information about themselves, or a child where they are the parent/legal guardian. Restrictions will apply when disclosure would violate the child/young person’s vital interests.

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There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover administrative costs in responding.

Learning & Wellbeing Psychology CIC s will respond to your subject access request within one month of receipt. Normally, the Learning & Wellbeing Psychology CIC s will provide a complete response, including a copy of your personal information within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date received.

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Under Article 17 of the GDPR individuals have the right to have personal information erased. This is known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances. In each situation, the Learning & Wellbeing Psychology CIC will have to decide what information should be deleted. This will be based on the protection of the child/young person’s vital interests.

 

To make a request for your personal information, or to have access to your child. young person’s records, contact Dr. Kathryn Gibb, Data Protection officer. You can contact her at contact@learningandwellbeing.org or through our postal address.

 

If you want to contact her using our postal address you can do so, please mark the envelope ‘Data Protection Officer’.

 

If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office at https://ico.org.uk/concerns/ Review

 

This Privacy Notice will be reviewed Summer 2025.

 

Revision history

Notice published Jan 2019

Notice Reviewed & Rewritten July 2024

 

Please contact us for a copy of our Data Protection Policy at contact@learningandwellbeing.org