City of York Council (CYC) current data protection notification is registered with the Information Commissioner’s Office (ICO) – reference Z5809563. We regularly review this privacy notice, and it was last updated in January 2024.
CYC is committed to ensuring that personal data is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).
This privacy notice tells you what to expect when we collect personal information about you, and it applies to the Early Education Funding services.
However, the information we will process about you will vary depending on why and how you are contacting or interacting with us and the service or information you are requesting.
CYC is the controller for this information unless we specifically state otherwise in this privacy notice.
You can contact the council’s Data Protection Officer at:
Data Protection OfficerCity of York Council
West Offices
Station Rise
York
YO1 6GA
Telephone: 01904 554145.
Email: information.governance@york.gov.uk.
This privacy notice should be read in conjunction with other relevant CYC privacy notices and/or policies and procedures.
When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.
- How we collect your information
- What personal data we process and why
- Automated decision-making
- Collecting information automatically
- Children's information
- Lawful basis for processing your personal data
- How long we keep your personal data
- Data sharing
- Data processors and/or third parties
- Transfers of personal data
- How we protect your information
- Your rights in relation to this processing
How we collect your information
We get information about you from the following sources:
- directly from you
- Early Years and Childcare Providers
- completion of the application form for early education places
- completion of the Parental Declaration form for early education places
- completion of the Disability Access Fund application form
- 30 Hours Childcare for Foster Carers application form
- meetings with you and/or provider(s)
- provider portal
- post, email, and telephone conversations as appropriate
- when you take part in our surveys and consultation
What personal data we process and why
We process the personal data and special category personal data such as:
- your contact details
- bank details
- Ofsted registration and inspection details
- personal data about children and young people
- personal information (including name, date of birth, National Insurance number/NASS number and contact details)
- characteristics (including gender and ethnicity)
- if you take part in our surveys or consultation we will ask for information about you and your household such as your children’s ages, current and future childcare needs, and your opinions on childcare provision. If you take part in a survey or consultation, we use the information you give us with your consent. You can withdraw your consent at any time by email: earlyyearsfunding@york.gov.uk
The information you give to us, enables us to:
- make payment of the early education entitlement and related funding
- check your eligibility for additional funding and benefits such as Pupil Premium and free school meals when your child moves into school
- complete the statutory Early Years Census annual return
- assess our own performance and improve our service
- the information you give us in a survey or consultation, will be analysed and the results used to inform our childcare sufficiency analysis and may be included in reports. This is because the council has a duty to ensure there are sufficient high quality early years and childcare places to meet the needs of our families in York and helps us to better understand the childcare needs for parents across the City of York area
We may use the information to create statistics that are anonymous and cannot be linked back to you or your provision. We could use these statistics for the purposes of local and national surveys, to see how the Education Support Service and the wider Council and its partners, are supporting individuals, providers etc to help design better services and to contribute to national surveys and government returns, for example to the Department for Education (DfE). We will never use your name in any reports and all your answers will be kept anonymous and you and your children will not be identified in any reporting of this survey.
Automated decision-making
We do not carry out any automated decision-making in Early Education Funding services.
Collecting information automatically
Please see our Cookies Policy for further information about the information we collect automatically when you use our website.
Children’s information
Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.
Lawful basis for processing your personal data
Any personal data including special category data that we process about individuals is done so in accordance with Article 6 and 9 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).
The legal basis for processing your personal data is in accordance with one or more of the following:
- Article 6(1)(a) – Consent of the data subject
- Article 6(1)(b) – Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract
- Article 6(1)(c) UK GDPR – processing is necessary for compliance with a legal obligation
- Article 6(1)(e) UK GDPR - where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
This is supported by the following legal framework:
- Early Education and Childcare Statutory Guidance for Local Authorities 2018
- Childcare Act 2016
- Sufficiency duty within Childcare Act 2006
- SEND code of practice 0-25 years 2015
The legal basis for processing your special categories of personal data is in accordance with one or more of the following:
- Article 9(2)(a) – Explicit consent of the data subject, unless reliance on consent is prohibited by data protection law
- Article 9(2)(b) - Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement
- Article 9(2) (2)(g) – Processing is necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards
- Article 9(2)(h) – Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of data protection law or a contract with a health professional
This is supported by Schedule 1, Part 2 (6) of the Data Protection Act 2018 and the legislation listed above.
Some of the Schedule 1 conditions for processing special category data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice.
Our Appropriate Policy Document provides further information about this processing.
How long we keep your personal data
We will only keep your personal data and information for as long as is necessary, which is for 7 years after your involvement from Education Support Service stops. It will then be securely and confidentially deleted or destroyed.
We will only keep the information you give us when you take part in surveys or consultation, for up to three years and then will securely and confidentially destroy it.
Data sharing
We may share information with other relevant professionals who are already involved, or who become involved, to provide co-ordinated support and to improve multi-agency working. Below is a list of parties with whom we regularly share information:
- Department for Education (DfE)
- Educational settings
- Professionals from Health, Social Care and Early Help teams
- City of York Council Services including Communities and Prevention and the Families Information Service
- Business Intelligence Unit
- School Support Services
- Troubled Families
- Auditing services
In some circumstances, such as under a court order or safeguarding, we are legally obliged to share information. We may also share information about you with third parties including our data processors, government agencies and external auditors. For example, delivering our statutory functions under the Children and Families Act 2014.
We are also required by law to pass some of your information to the DfE and they may share individual level personal data that we supply to them, with third parties. This will only take place where legislation allows them to do so, and it follows the current data protection and privacy legislations.
We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision-making.
Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.
Data processors and/or third parties
Where we have third parties providing parts or all of our services for us, we have contracts or agreements in place with them. These are listed below:
- where we use Survey Monkey for our surveys and consultation, you can find out how they use your information in the Survey Monkey Privacy Notice
- if you complete a paper survey, once you complete and return it to us, we will transfer the information you have given us onto the council’s secure network and then destroy confidentially the paper copy
Transfers of personal data
We do not routinely transfer personal data outside of the UK but when this is necessary, we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.
How we protect your information
We're committed to keeping your information safe and secure. There are several ways we do this, such as:
- IT security safeguards such as firewalls, encryption, and anti-virus software
- on-site security safeguards to protect physical files and electronic equipment
- training for all staff and elected councillors
- policies and procedures
Your rights in relation to this processing
To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.
You can also find information about your rights in our Privacy Notice.
If you have any questions about this privacy notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us on email: information.governance@york.gov.uk, or on telephone: 01904 554145, or write to:
Data Protection OfficerCity of York Council
West Offices
Station Rise
York YO1 6GA
You can contact the DfE by email: info@education.gsi.gov.uk, telephone: 0870 000 2288, via the Department for Education Website or write to:
Public Communications UnitDepartment for Education
Sanctuary Buildings
Great Smith Street
London
SW1P 3BT