Data Protection; Parents, Carers, Schools, Children & Young People
Orange Psychology Limited will manage personal and professional data with upmost concern for privacy and confidentiality and in accordance with current professional and legal standards, including the provisions of the General Data Protection Regulation (GDPR) requirements. The GDPR requires us to identify the legal basis upon which we process personal data. We will proceed with an assessment and all associated activity on the basis of our contract with schools/other settings and our legitimate interest to hold and process personal data. The following information stipulates how Information is used by a Psychologist at Orange Psychology;
Types of Information Processed
When consent has been given for Psychology involvement with a child, family or young person, information in relation to the person will be collected, held and used by the Psychologist (see form below). Depending upon the nature of our contract with the client, we have a legitimate interest to collect data for the purpose of forming a professional opinion. In doing so, we will only collect information that is relevant to the purpose of undertaking that assessment and the associated feedback and reporting.
Orange Psychology Consent Form; OP Consent Form Sept 2018
Information in relation to the person might include their name, address, date of birth, assessment findings, health, medical and care details, personal views and family background. Some of the information gathered may be sensitive information e.g. safeguarding information, or ‘personal data’ i.e. data relating to a person that can be used to identify a person. As well as collecting information about the person for whom consent has been received, personal information about other people may also be gathered, for example their family members. This information will only be gathered and used where the Educational Psychologist deems it relevant to the persons circumstances, the circumstances for which Educational Psychology involvement has been requested. Information in relation to the person will be collected by the Educational Psychologist directly from the person or indirectly from other sources, such as parent/carer or other professionals involved with the person.
Parents and schools will only be asked for information that is relevant for the work being undertaken. The information that will be requested and held will enable the professional working with a parent or child/young person to decide:
- -What kind of involvement is appropriate
- -What tests and assessments should be used; and
- -Whether liaison with other professionals is needed
Why the Information is Collected and Used
The intended purpose for processing personal data is to conduct a psychological assessment/consultation. We need to process personal data in order to fulfil our contractual obligations to undertake this. The Psychologist will not use the data for any other purpose. The Psychologist will only become involved with a child when signed consent for their involvement is received from the child’s parent or other adult with parental responsibility. We will process all personal data that is shared with us for the purpose of the assessment and will do so lawfully, fairly and in a transparent manner. Therefore, processing of personal data is necessary if we are to fulfil our contract with schools, Local Authorities and other settings.
The specific work carried out will vary according to the individual’s needs and the concerns being investigated. The list below shows the range of supportive activities that might be carried out:
- Classroom observation
- Observation in other settings in school, for example in a small group teaching session or nurture group;
- Discussion with the Special Educational Needs Coordinator (SENCo), or head of learning/student support if the setting is FE or HE college;
- Discussion with class teacher/form tutor and any other school/college staff (for example, Teaching Assistant, Mentor, School Counsellor, head of year);
- Work alongside the child or young person in class (for example, in Foundation Stage it is often more helpful to assess a young child through the usual play activities that are offered);
- Individual assessment work. This might involve using tests, questionnaires or interview techniques for eliciting views;
- Discussion with other external professionals who are working with a parent or child/young person (for example, speech therapist, learning support teacher);
- Scrutiny of reports or other written information completed by other external professionals working with you or your child/young person;
- Scrutiny of school/college information, including SEN records;
- Therapeutic work or Group work.
Who the Information is Shared With
The Psychologist will share some or all of the processed information with the person for whom consent for Educational Psychology involvement was received (depending on age and ability), and the organisation/person that requested Psychology involvement. The Psychologist will not share the data with other parties without the consent of the parent/carers, apart from within exceptional circumstances where the law allows the Psychologist to do so. We would have to disregard any promises of confidentiality if we thought a child, young person or adult was in any kind of danger and would be harmed, or cause harm, if we did not disclose some information about them or intervene in some way. Under these circumstances the need to keep someone safe from harm over-rides the duty to keep information about them confidential.
Exceptional circumstances in which data may be shared with other agencies without consent from the parent/carer include circumstances might be where there is immediate risk of substantial harm to self or others; or under a legal requirement, e.g. terrorism, drug money laundering; or via court order for disclosure.
Why we Share Pupil Information
We share information so that a child’s needs can be understood and addressed. The school or college will also send parents/carers a copy of any written report or summary that is completed. The report or summary may also be shared with other external professionals who are currently working with the child/young person.
The law allows us to share personal information in some circumstances, provided it has been anonymised. For example, we might discuss the work we have done with a child with other professionals in order to gain advice and to check that we are drawing reasonable conclusions and making good decisions. This is called supervision and it is common for professionals in health, care and education roles to ask for advice from their colleagues in this way. If we do discuss the work we have done in supervision, we will not pass on personal information that would allow another professional to identify a child. We might also show any written report or summary to other psychologists in a face to face supervision meeting, in order to obtain feedback about the quality of the report. These psychologists are also bound by confidentiality and data protection rules, so they would not keep a copy of any personal information.
How Information is Stored
The work carried out with a parent or child/young person will initially generate some paper information. For example, the professional will make some handwritten notes about work undertaken or will complete a paper test record booklet. This paper information will be used to create electronic written reports and/or summaries. In giving consent for Orange Psychology Ltd to work with you (as parents or children) you are giving permission for written report or summaries to be completed and for copies to be sent to the school or college. Paper formatted information will be locked away in a lockable cupboard/filing cabinet. Electronically formatted information will be stored in encrypted cloud storage.
Reports and summaries are stored on secure cloud storage systems and are sent to school as password protected pdf documents. Information in relation to the person will be held, as a minimum, for as long as is reasonably needed for the purposes explained in this notice (above). Information on a secure cloud storage systems will be retained for 10 years, or until the individual reaches the age of 25. The persons data will be destroyed by deleting the electronically stored data and shredding the paper stored data. Handwritten file notes will be retained until the case is closed.
Requesting access to personal data
Under data protection legislation, parents and pupils have the right to request access to information about them that is held by the Psychologist. To make a request for your personal information, or be given access to your child’s educational record, contact Dr Joanna Mitchell (mail to: firstname.lastname@example.org).
Parents/carers also have the right to:
- object to processing of personal data that is likely to cause, or is causing, damage or distress
- prevent processing for the purpose of direct marketing
- object to decisions being taken by automated means
- in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
- a right to seek redress, either through the ICO (Information Commissioners Office, see https://ico.org.uk/for further information), or through the courts
If you have a concern or complaint about the way your personal data is collected or used you should raise your concern with the Educational Psychologist at Footsteps Psychology in the first instance.
Data Protection; Online & Website
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