Deaf and Hearing Support Service Privacy Notice

Our Deaf and Hearing Support Service (DHS Service) provides specialist support for deaf children and young people, as well as their families, from early years through to age 25. Our team works closely with families, schools, colleges, health professionals, and social care services to help children and young people with hearing loss achieve their full potential.

We offer advice, practical support, and tailored teaching to meet individual needs. Support may be provided at home, in education settings, or in the community. Our aim is to remove barriers to learning, promote inclusion, and ensure every child or young person receives the right support at the right time.

This privacy notice explains how we use personal information to deliver our service, who we may share it with, how long we keep it, and your rights under data protection law.

What information we collect, use, and why

Whenever you contact us, whether in person, by phone, or online, we collect certain information to provide the Deaf and Hearing Support Service. This helps us identify you, understand your circumstances, and deliver tailored support. We collect:

Personal data

Special category data

Criminal data

We only collect and use information that is relevant, necessary, and lawful to support children and young people with hearing loss and their families.

Sources of information

We primarily collect information directly from you and your family during the referral and support process, through forms, meetings, and conversations. To ensure we have a complete and accurate understanding of your needs, we may also obtain information from the following sources:

• Educational settings:
  We request information from your current or previous nurseries, schools, or colleges. This may include attendance records, progress reports, details of any support already provided, and input from teachers or Special Educational Needs Coordinators (SENCOs).
• Health professionals and services:
  We request information from audiologists, speech and language therapists, GPs, consultants, mental health services, and educational psychologists to obtain medical reports, diagnoses, and professional opinions relevant to your support.
• Social care services:
  If you or your family are receiving support from children’s or adult social care, we may request relevant information about your circumstances, involvement, and any support plans in place.
• Other departments within Cheshire West and Chester Council:
  We may share and receive information with other council teams (such as safeguarding, early help, or transport services) where this is necessary to coordinate support and improve outcomes for you.
• Other local authorities:
  If you have recently moved into or out of the area, or receive support across different boroughs, we may request information from other local authorities to ensure continuity of support and avoid repeating assessments.
• Youth Offending Teams or youth justice services:
  Where relevant, we may receive information about your involvement with youth justice services to ensure your educational needs are met alongside any statutory requirements.
• Law enforcement agencies:
  Where we have a legal duty to cooperate or where required by law.
• Commissioned providers of education, health, or care services:
  Organisations who deliver services on our behalf may share information with us to coordinate your support.
• Independent advice and guidance providers:
  Such as the National Deaf Children’s Society (NDCS) where they are involved in supporting you.
• Family members or carers:
  We may receive additional information from your parents, carers, or guardians to help us understand your needs, preferences, and support network.

We only collect information from these sources where it is relevant, necessary, and lawful to assess your needs and deliver the Deaf and Hearing Support Service. All information is handled in accordance with data protection legislation and council policies.

What is your personal information used for?

Your personal information is used to:

• Assess your eligibility for the Deaf and Hearing Support Service and determine the most appropriate support for you.
• Develop and review individual support plans that take account of your hearing needs and ensure you receive suitable advice, teaching, and equipment.
• Coordinate with schools, health professionals, social care, and other agencies to deliver joined-up support and monitor your progress.
• Record decisions, actions, and outcomes to ensure accountability and continuity of care.
• Monitor and improve the quality and effectiveness of the service, including reporting to funding agencies and statutory bodies.
• Fulfil legal and statutory duties under education, SEND, and safeguarding legislation.
• Respond to queries, requests, or complaints related to your case.

Personal information is only used where it is relevant, necessary, and lawful to support your access to specialist support and improve outcomes.

Who do we share your personal information with

We share your personal information only when it is necessary, lawful, and relevant to deliver the Deaf and Hearing Support Service. Information is shared in line with our legal duties under the Children and Families Act 2014, the Special Educational Needs and Disability Regulations 2014, and the SEND Code of Practice (2015). These laws require us to consult with relevant professionals, consider all suitable educational placements, and support statutory processes.

Your information is shared with:

• Educational settings such as nurseries, schools, or colleges involved in your education, to coordinate support and ensure you receive appropriate provision.
• NHS departments and professionals who have referred to the Deaf and Hearing Support Service or work with the child or young person, to ensure health and educational needs are understood and met.
• Early years staff or settings working with the child or young person, to provide joined-up support.
• Social care services such as children’s or adult social care, to coordinate support and safeguard wellbeing.
• Other departments within Cheshire West and Chester Council, including safeguarding, early help, or transport services, to provide joined-up support.
• Other local authority specialist services, when a child or young person moves to another area or receives support across different boroughs, to ensure continuity of support.
• Youth Offending Teams or youth justice services, where relevant, to ensure educational needs are met alongside statutory requirements.
• Advocacy services, when you require support to express your views or make decisions about your education or care.
• Commissioned providers of education, health, or care services who deliver support on our behalf.
• Independent advice and guidance providers, such as the National Deaf Children’s Society (NDCS) where they are involved in supporting you.
• Relevant deaf charities or Deaf CAMHS (Child and Adolescent Mental Health Services), with additional consent.
• Law enforcement agencies, where there is a legal duty to cooperate or where required by law.
• Family members or carers, where appropriate and with consent, to support your care and education.

We only share your information with these organisations when it is necessary to deliver the service, comply with the law, or protect your welfare. All organisations receiving your information are required to handle it securely and in accordance with data protection legislation.

Data Processors

We use data processors to support the delivery of the Deaf and Hearing Support Service and to ensure your information is managed securely and efficiently. Data processors act on our instructions and are required to comply with data protection legislation.

Examples of data processors include:

• Electronic case management systems: Used to securely store personal information, including support records, visit notes, teaching programmes, support sheets, Education, Health and Care (EHC) needs assessments, annual review reports, assessment attainment and progress information, and pupil voice. Access is restricted to authorised staff involved in your case.
• Council-approved IT and cloud service providers: Used to host and protect data, including scanned documents and internal records.
• Secure email and communication platforms: Used to share information with professionals involved in your support, such as education, health, and social care partners.

All data processors are contractually required to handle your information securely and only use it for the purposes specified by Cheshire West and Chester Council.

Data Controller

We are the Data Controller for the personal information processed by the Deaf and Hearing Support Service. This means we are responsible for deciding how and why your personal data is used in relation to the delivery of this service.

We ensure that your information is processed securely, lawfully, and in accordance with data protection legislation and statutory guidance. 

Lawful basis for processing

We do not rely on consent as the lawful basis for processing personal or special category data needed to deliver the Deaf and Hearing Support Service. Most of the personal information we collect is required to meet our legal and statutory duties.

Cheshire West and Chester Council processes personal data under:

• UK GDPR Article 6(1)(e) – Public Task:
  Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority. This includes fulfilling the Council’s statutory duties under the Children and Families Act 2014, the Education Act 1996, and the Special Educational Needs and Disability Regulations 2014 to provide suitable education and support for children and young people with hearing loss.

We process special category data under:

• UK GDPR Article 9(2)(g) – Substantial Public Interest, supported by:
• Data Protection Act 2018, Schedule 1, Part 2, Paragraph 16 – Support for individuals with a particular disability or medical condition:
  This permits the processing of special category data where necessary to deliver education and support to children and young people with hearing loss or other disabilities.
• UK GDPR Article 9(2)(h) – Health and Social Care:
  Processing is necessary for the provision and management of health or social care services, including medical diagnosis and coordination of care.

The main legislation and statutory guidance we rely on includes:

• Children and Families Act 2014 (Part 3)
• Education Act 1996
• Special Educational Needs and Disability Regulations 2014
• SEND Code of Practice (2015)
• Human Rights Act 1998

We share relevant information with partner agencies such as schools, health professionals, and social care services as part of this statutory function. This sharing is necessary to deliver the service and does not require consent under data protection law.

Where we ask for information that is optional or provided on a voluntary basis, we will make this clear at the point of collection. For example, you might be asked if you agree to your or your child’s photograph being used in publicity materials, or if you wish to take part in a case study or provide a testimonial about the service. These activities are not required for you to receive support from the Deaf and Hearing Support Service. If you choose to provide this information or give consent, you can withdraw it at any time without affecting your access to the service.

While we may seek service-level consent from parents, carers, or young people to confirm their understanding of the referral process or to agree to participation in specific activities, this consent is not relied upon as a lawful basis for processing under UK GDPR. It is used to support transparency and engagement and is documented via referral forms or service agreements.

International data transfers

We ensure your personal information is protected if transferred outside the UK by using appropriate safeguards, including:

• Adequacy Decisions: Transferring data to countries with adequate data protection laws.
• Appropriate Safeguards: Using Standard Contractual Clauses (SCCs), Binding Corporate Rules (BCRs), or International Data Transfer Agreements (IDTAs).
• Derogations for Specific Situations: Relying on your explicit consent, performance of a contract, public interest, legal claims, or vital interests.
• Risk Assessments: Conducting risk assessments to ensure data protection standards are maintained.
• Technical and Organisational Measures: Implementing encryption, access controls, and regular audits to protect your data.

These measures ensure your personal information remains secure and your rights are upheld, even when transferred internationally.

Retention period

We will only use your personal information while delivering the Deaf and Hearing Support Service and to deal with any queries or complaints, unless the law requires us to keep it for a longer period.

In practice, this means:

• Records relating to SEND support and the Deaf and Hearing Support Service are retained until the young person’s 31st birthday.
• If a child or young person dies before their 18th birthday, the file is retained for 6 years from the date of death. If the child or young person was looked after in care, the file is retained for 15 years from the date of death.

We retain information in both electronic and scanned formats. Paper documents are securely scanned and stored within our case management system, and original paper copies are disposed of in confidential waste.

Retention periods are determined based on legal requirements, statutory guidance, and best practice, including guidance from the Information Commissioner’s Office (ICO). We regularly review our retention schedules to ensure information is not kept longer than necessary.

If your information is used for research or reporting purposes, it will be anonymised. Any notes taken during consultation or support sessions will be securely destroyed. Anonymised information may be used in reports or papers and held in public archives indefinitely where it is of historic interest.

Your rights

The UK GDPR provides you with several rights to control what personal information is used by us and how it is used by us. More information can be found on our data protection for you page.

Further guidance about these rights can be accessed from the Information Commissioner’s Office (ICO) website

If you are not happy about the way your personal data is being used, or you require further information about how we process your personal data, you can contact our Data Protection Team online or by post:

• Contact the DPO
• By post: Data Protection Officer, The Portal, Wellington Road, Ellesmere Port, CH65 0BA

You also have the right to complain to the Information Commissioner’s Office using the following details:

• Information Commissioner's Office (ICO) website
• Instant message: ICO Live Chat
• By post: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• Phone: 0303 123 1113