GDPR Pupils

Pupil Information

Why do we collect and use pupil information?
We collect and use pupil information under the submission of the school census returns, including a set of named pupil records, is a statutory requirement on schools under Section 537A of the Education Act 1996.

Putting the school census on a statutory basis:

means that schools do not need to obtain parental or pupil consent to the provision of information
ensures schools are protected from any legal challenge that they are breaching a duty of confidence to pupils
helps to ensure that returns are completed by schoolsAnd includes a basis from Article 6, and one from Article 9 where data processed is special category data from the GDPR-from 25 May 2018

We use the pupil data:

to support pupil learning
to monitor and report on pupil progress
to provide appropriate pastoral care
to assess the quality of our services
to comply with the law regarding data sharing

The categories of pupil information that we collect, hold and share include:

Personal information (such as name, unique pupil number and 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)
Assessment information (such as EYFSP, KS1, KS2, etc)
Relevant medical information
Special Educational Needs information
Exclusion information
Behaviour information
Post-16 learning and careers information

Collecting pupil information
Whilst the majority of pupil information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the General Data Protection Regulation, we will inform you whether you are required to provide certain pupil information to us or if you have a choice in this.

Storing pupil data
We hold pupil data for:

Primary setting: Retain whilst the child remains at the primary school and
Secondary setting: Date of Birth of the pupil + 25 years

Who do we share pupil information with?
We routinely share pupil information with:

schools that the pupil’s attend after leaving us
the Department for Education (DfE)
the LA, under strict information sharing protocols and policies, may be required to share this information with other public sector partners such as other Local Authorities or local Children Centre between the academies within our Multi Academy Trust the NHS (Speech and Language therapists etc.)

Aged 14+ qualifications
For pupils enrolling for post 14 qualifications, the Learning Records Service will give us a pupil’s unique learner number (ULN) and may also give us details about the pupil’s learning or qualifications

Why we share pupil information

We do not share information about our pupils with anyone without consent unless the law and our policies allow us to do so.
We share pupils’ data with the Department for Education (DfE) on a statutory basis. This data sharing underpins school funding and educational attainment policy and monitoring.
As academies, we are required to share information about our pupils with the (DfE) under regulation 5 of The Education (Information About Individual Pupils) (England) Regulations 2013.
Bromley Trust Academy is also required to pass information about our pupils to the Department for Education (DfE) under regulation 4 of The Education (Information about Individual Pupils) (England) Regulations 2013.

Data collection requirements:
To find out more about the data collection requirements placed on us by the Department for Education (for example; via the school census) go to https://www.gov.uk/education/data-collection-and-censuses-for-schools.

Our pupils aged 16+

We will also share certain information about pupils aged 16+ with our local authority and / or provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996. This enables them to provide services as follows:

post-16 education and training providers
youth support services
careers advisers

For more information about services for young people, please visit our local authority website.

The National Pupil Database (NPD)

The NPD is owned and managed by the Department for Education and contains information about pupils in schools in England. It provides invaluable evidence on educational performance to inform independent research, as well as studies commissioned by the Department. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including schools, local authorities and awarding bodies. We are required by law, to provide information about our pupils to the DfE as part of statutory data collections such as the school census and early years’ census. Some of this information is then stored in the NPD. The law that allows this is the Education (Information About Individual Pupils) (England) Regulations 2013.

To find out more about the pupil information we share with the department, for the purpose of data collections, go to https://www.gov.uk/education/data-collection-and-censuses-for-schools

To find out more about the NPD, go to https://www.gov.uk/government/publications/national-pupil-database-user-guide-and-supporting-information

The department may share information about our pupils from the NPD with third parties who promote the education or well-being of children in England by:

conducting research or analysis
producing statistics
providing information, advice or guidance

The Department has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases data to third parties are subject to a strict approval process and based on a detailed assessment of:

who is requesting the data
the purpose for which it is required
the level and sensitivity of data requested: and
the arrangements in place to store and handle the data

To be granted access to pupil information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.

For more information about the department’s data sharing process, please visit: https://www.gov.uk/data-protection-how-we-collect-and-share-research-data

For information about which organisations the department has provided pupil information, (and for which project), please visit the following website: https://www.gov.uk/government/publications/national-pupil-database-requests-received

To contact DfE: https://www.gov.uk/contact-dfe