Medical Needs Education Assessment Privacy Notice

This privacy notice explains how Cheshire West and Chester Council uses personal information when delivering its Medical Needs Education Assessment service. The service supports children and young people of statutory school age who are unable to attend school due to medical conditions, ensuring they receive appropriate educational provision and support in line with statutory duties. We work closely with families, schools, health professionals, and other agencies to coordinate the best possible outcomes for each child or young person. This notice sets out what information we collect, how we use it, who we may share it with, how long we keep it, and how we protect your privacy.

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 Medical Needs Education Assessment service. This helps us identify you, understand your circumstances, and deliver tailored support. We collect:

Personal Data

Name, address, and contact details:
To identify you, communicate with you about your case, and send important updates or decisions.
Date of birth:
To confirm your identity, determine eligibility for statutory education support, and match records accurately.
National identifiers (e.g., NHS number):
To uniquely identify you and link relevant health and education records, ensuring coordinated support.
Family relationships:
To understand your support network, involve parents/carers appropriately, and ensure the right people are consulted.
Education details (current and previous settings):
To assess your educational history, needs, and progress, and to coordinate provision with schools or other settings.
Case file information:
To maintain a complete record of the support provided, decisions made, and actions taken, ensuring accountability and continuity of care.

Special Category Data

Physical or mental health details:
To understand the nature and impact of your medical condition, inform assessment and planning, and ensure appropriate educational provision.
Information from health professionals (e.g., GPs, consultants, educational psychologists):
To provide expert input into assessments, support planning, and ensure decisions are based on accurate medical advice.
Racial or ethnic origin:
To monitor equality and diversity, and ensure fair access to services.
Religious or other beliefs:
To respect and accommodate your beliefs in the planning and delivery of educational support.
Social care support outcomes:
To coordinate with social care services where relevant, and monitor the effectiveness of support provided.

Sources of Information

We primarily collect information directly from you and your family during the Medical Needs Education Assessment process, through application 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, reports on your educational progress, details of any support already provided, and input from teachers or Special Educational Needs Coordinators (SENCOs). This information is usually provided in response to formal requests as part of the assessment process.
Health professionals and services:
We request information from your GP, consultants, school nurses, mental health services, and educational psychologists to obtain medical reports, diagnoses, and professional opinions relevant to your assessment. This information is obtained directly from the professionals involved, through formal requests as part of the statutory assessment process, or via multi-agency meetings and case conferences. All information is requested and used in accordance with data protection legislation and statutory duties.
Social care services:
If you or your family are receiving support from children’s social care or other support services, we may request relevant information about your circumstances, involvement, and any support plans in place. This is to ensure a coordinated approach and to avoid duplication of assessments.
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.
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 Medical Needs Education Assessment service. All information is handled in accordance with data protection legislation and council policies.

What is your personal data used for

Your personal information is used to:

Assess your eligibility for the Medical Needs Education Assessment service and determine the most appropriate educational provision for you.
Develop and review individual education plans that take account of your medical needs and ensure you receive suitable support.
Coordinate with schools, health professionals, 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 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 education and improve outcomes.

Who do we share your personal data with

We share your personal information only when it is necessary, lawful, and relevant to deliver the Medical Needs Education Assessment service. Information is shared with:

Educational settings such as schools, colleges, or nurseries involved in your education, to coordinate support and ensure you receive appropriate provision.
Health professionals and services including GPs, consultants, school nurses, mental health services, and educational psychologists, to ensure your medical and educational needs are understood and met.
Social care services such as children’s social care or other support services, to coordinate support and safeguard your wellbeing.
Other departments within Cheshire West and Chester Council, including safeguarding, early help, or transport services, to provide joined-up support.
Other local authorities when you move between areas or receive support across different boroughs, to ensure continuity of support.
Youth Offending Teams or youth justice services, where relevant to your circumstances, to ensure your educational needs are met alongside statutory requirements.
Advocacy services when you require support to express your views or make decisions about your education.
A school representative from an unrelated education setting, who participates in assessment panels or decision-making meetings to provide independent educational expertise and ensure fairness in the process.

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 Medical Needs Education Assessment 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, assessments, correspondence, and review documentation. Access is restricted to authorised staff involved in your case.
Council-approved IT and cloud service providers that host and protect data, including scanned documents and internal records.
Secure email and communication platforms used to share information with professionals involved in your assessment.

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 as part of the Medical Needs Education Assessment service. The Council is responsible for determining 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.

If you have any questions about how your data is used, or wish to exercise your rights, you can contact the Council’s Data Protection Officer using the details provided in the “Your Rights” section of this notice.

The Lawful Basis for Processing

We do not rely on consent as a lawful basis for processing personal or special category data under UK GDPR.

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 duty under Section 19 of the Education Act 1996 to provide suitable education for children who are unable to attend school due to medical reasons.

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 with medical needs.

The Council shares relevant information with partner agencies such as schools and health professionals as part of this statutory function. This sharing is necessary to deliver the service and does not require consent under data protection law.

While we do seek service-level consent from parents and young people to confirm their understanding of the referral process and agree to participation in panel discussions, 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 the referral form and reviewed during monthly monitoring meetings.

International Data Transfers

The Medical Needs Education Assessment service primarily stores and processes personal information within the United Kingdom. In exceptional circumstances, personal data may be transferred outside the UK. This could occur when:

A child or young person has recently arrived from another country and relevant educational or health information is required from overseas agencies.
A child or young person is relocating abroad and information is shared with a new education authority or institution to support continuity of provision.
An international organisation is involved in supporting the child or family and requires relevant information to coordinate services.

Where personal data is transferred internationally, we ensure that appropriate safeguards are in place to protect your information. These safeguards include:

Adequacy decisions: Ensuring the destination country has been recognised by the UK government as providing an adequate level of data protection.
Standard Contractual Clauses (SCCs) or International Data Transfer Agreements (IDTAs): Legally binding agreements that ensure your data is protected to UK standards.
Technical and organisational measures: Including encryption, access controls, and secure data handling procedures.

We only transfer personal data internationally where it is necessary, proportionate, and lawful. Where the transfer is based on your request, we will seek your written consent before sharing the information.

Retention Period

We will only use your personal information while delivering the Medical Needs Education Assessment 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 the Medical Needs Education Assessment service are retained until the child or young person’s 31st birthday, in accordance with Section 46 of the Children and Families Act 2014.
Records for looked-after children are retained until their 75th birthday, or for 15 years from the date of death if the child dies before the age of 18. This reflects statutory requirements for safeguarding and care planning.

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

Your Rights

The UK GDPR provides you with a several rights to control what personal information is used by us and how it is used by us.

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 Council’s Data Protection Team:-

Online: 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:

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