In order to function properly as a school, Upton House needs to collect and use information about staff, pupils, parents and other individuals who come into the school. Furthermore, Upton House is obliged to collect and use personal information to fulfil its obligations to the DCSF and other bodies. In whichever way this information is collected and used, Upton House is bound by the safeguards that are legally binding in the Data Protection Act, 1998

1. Aims

To comply fully with the Data Protection principles, which state that personal information must be:

• Fairly and lawfully processed
• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate
• Not kept longer than is necessary
• Processed in accordance with an individual’s rights
• Kept secure
• Not transferred without adequate protection

To ensure that such principles are reflected in both electronic and manual systems for keeping personal information.

To ensure that staff, pupils, parents and other individuals are made aware of:

• The nature of the information collected about them
• The purpose(s) for which personal information will be held
• What such information will be used for
• Who, other than internally, the information may be disclosed to

To ensure that, unless the information is subject to other enabling legislation or the possibility of sharing such information has been made explicit, informed consent must be obtained before such information can be passed to another organisation or individual.

Processing and Sharing Information

To ensure compliance with the Data Protection Act non-sensitive personal data shall be processed fairly and lawfully, and shall not be processed unless at least one of the following conditions is met:

For sensitive information personal data shall be processed fairly and lawfully only if at least one of the following conditions is also met (in addition to those listed above):

Sensitive information, as defined by the Data Protection Act, is information that relates to:

2. Procedures Within School

Between those employed by the school, and accountable to the Headmistress, it is recognised that the fullest sharing of information between those responsible for the teaching, welfare and care of the pupils leads to the most benefit for the pupils, eg: information about the bereavement of a close family member should be shared by all those likely to come into responsible contact with the pupil in order for appropriate care and support to be established.

It is inherent that any and all such information should be kept confidential between members of staff within the School and not shared with others.

It is a matter of professional judgement as to whether information disclosed by a pupil is of necessity shared by all within the School. If uncertain, members of staff should consult with their senior manager.

Any information disclosed relating to physical, sexual or emotional abuse, or neglect of pupils will be fully subject to the School’s Child Protection Policy.

Any and all manual records kept by the school relevant to individual pupils, no longer required, must be handed in to the school office for shredding

On the pupil’s departure from the school, pupil records held centrally will be archived and stored for a minimum of five years. The Office Manager will be responsible for the upkeep of the archive.

Teachers and Learning Support Assistants will maintain records for the pupils that they taught and supported, whether manual or electronic, for a minimum of five years. They should also be maintained for this period if the member of staff concerned leaves the employment of the School.

At times, individual pupil attainment information is required for illustrative purposes by processes that the school is subjected to by other legislation, guidance or practice. Examples include Ofsted Inspection; Threshold Assessment; Performance Appraisal and Target Setting. The School will be explicit to pupils and parents in this respect, though individual pupils should not be named in any publication or report resulting from such processes.

Information with respect to named individual pupils should not be produced for any audience whereby the information may thereby enter into the public domain, without the express permission of the pupil involved. School based examples include:

• School Newsletters to parents and the community
• Reports to the Governing Body
• Review and evaluation documentation for other than internal use
• Any and all documentation used for training or illustrative purposes to persons outside of the school

Student teachers, supply staff and others professionals working on a temporary basis as a member of staff within the school, accountable to the Head Teacher, will be required to adhere to the principles of information protection outlined

3. Procedures Outside School

When exchanging or sharing data and information with other institutions, organisations, agencies or individuals the following principles are observed:

• Parents or guardians should be made aware of the exchange or sharing of data and information with other institutions, organisations, agencies or individuals both through the School Prospectus and by clear statements on data capture forms
• When sharing and exchanging information with other institutions, organisations, agencies or individuals the minimum amount of data or information should be provided, exchanged or shared, its purpose clearly identified and any further processing of such information by that institution, organisation, agency or individual reported to the school
• School staff should be aware that verbal exchange of data or information can be misunderstood, misinterpreted, or misrepresented, and it should be avoided
• The institutions, organisations, agencies or individuals receiving information from the school will undertake not to disclose, share or exchange such information with other institutions, organisations, agencies or individuals without first obtaining further informed consent from the school unless the original consent covered such eventualities
• Information shared or exchanged with other institutions, organisations, agencies or individuals should be first checked for accuracy and reliability by the school. Any information not based upon established fact should be clearly identified as opinion or hearsay
• It is the responsibility of the receiving institution, organisation, agency or individual to inform the School of any and all information and data that is discovered to be out of date, inaccurate or unreliable
• Institutions, organisations, agencies or individuals that have disclosed to them information relevant to the care and welfare, or the effective teaching and management of Upton House pupils, should take the necessary steps to achieve the consent of the pupil’s parent or guardian to share such information with the School, which they should then undertake
• Institutions, organisations, agencies or individuals receiving information or data from the school must take all reasonable precautions to protect such personal information from unauthorised or unlawful processing or use, and against its accidental loss, destruction or damage
• Institutions, organisations, agencies or individuals unable to agree to these principles will not be made party to personal information concerning Upton House pupils except where this is covered by enabling legislation or associated Orders

Any breach of the procedures identified in this policy may lead to disciplinary action being taken against the member of staff involved.

4. Access to Information

All staff and other individuals have the right to access information held on computerised or manual records which relates to them.

All pupils or their parents, or where appropriate a person legally acting on a pupil’s behalf, have the right to access information held on computerised or manual records, which relates to themselves or their child

Some information may be withheld from the pupil. For instance, if it may cause harm to the physical or mental health of the pupil or a third party; information which may identify third parties (for example, other pupils), and information that forms part of court reports. Information may also be withheld if in that particular case it would hinder the prevention or detection of crime or the prosecution or apprehension of offenders to provide it

In addition, pupils and their parents, or where appropriate a person legally acting on a pupil’s behalf, are also entitled to be given a description of the personal information which makes up the school record, together with details of the purposes for which the information is processed, the sources of the information, and the institutions, organisations, agencies or individuals to which the information may be disclosed

A parent seeking access to an educational record does not have a right of redress under the Data Protection Act unless he/she is acting on behalf of their child. As parents have an independent right to access pupil records the pupils themselves have no right to prevent it.

If a request for information by a pupil under the Act is ignored the matter may be referred to the Information Commissioner, or an application for disclosure can be made to the courts. Parents requesting the information, unless acting on behalf of their child, in the first instance should contact the governing body, after that the DCSF, or, as a last resort, the courts

Further information about the Data Protection Act (1998) can be obtained from the Commissioner’s web site (www.dataprotection.gov.uk), requested from an information line (01625 545745), or by post from: The Office of the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.

Parents, or where appropriate a person legally acting on a pupil’s behalf, may make a complaint about the way in which information about their child is held, processed or disclosed by writing to the Head Teacher, after that the Governing Body, the DCSF, or as a last resort, the courts

5. Policy Review

This policy will be reviewed and updated as necessary in order to reflect best practice in information management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 1998.

A School Council made up of appointed and elected pupils meet regularly to discuss whole school issues.