GDPR - Sharing info with transferring school

[RNS]

Any advice/clarification would be really helpful.

We have used and adapted the PLA privacy notice.

In the section ‘Who we share your data with’ it says, amongst other things, ‘The school that your child will be attending’.

I have a parent saying that this can’t be done without consent.  Above it also say ‘We have a legal obligation to transfer records and certain information about your child to the school that your child will be attending’.

So am I correct in saying that we can share info?

Many thanks for any advice.

[Hamantha]

I think you have to ask for their consent to share the information (I cannot find any part of the EYFS framework that states we must share info with school).

We ask for parents' permission to share information with local schools on our Registration form and then we have a section on our Privacy Notice that lists who we share information with and we have local schools listed there.

Hope this helps?

[Mouseketeer]

I included ‘schools’ in the section 3.68 of the framework, it’s a pretty loose interpretation but I figured we’d share if they were moving to a new setting so why not moving to school :-) 

[sunnyday]

5 hours ago, RNS said:

 

 

 

I have a parent saying that this can’t be done without consent.  Above it also say ‘We have a legal obligation to transfer records and certain information about your child to the school that your child will be attending’.

 

I wouldn't make an issue out of this if parents are not happy for you to share info.......I would say "that's absolutely fine, I will let the school know that you are unwilling to give permission for us to share information about your child"

I don't think that there is any legal requirement for us to share info at time of Transition - just best practise - happy to be corrected though!

[Mouseketeer]

And they’ll either sign the transition and give it back to pass on or won’t :-) 

[RNS]

Thank you for the replies.

No, I wasn’t going to argue it but was curious really.

I notice the same wording is on our local primary school Privacy policy regarding transition to secondary school which is why I think their could be a legal obligation.  

As far as I can tell, we would have a legal obligation to pass on Safeguarding concerns and certain other information but not perhaps anything we want to!  I’m putting together a sharing of information document from the PLA guidance and will share this with parents going forward.

Will also add to the registration form.  

Interesting to know what others do.

Thank you

 

[lynned55]

We have also adapted the PSLA Privacy notice, but have also been given a separate 'transition' privacy notice by our LA for each parent to sign. I think as others have said we only have a legal duty to share safeguarding concerns/matters and need permission for anything else.

Although interestingly enough we had a child last year who was classed as a CIN (child in need) just before she went to school the SW asked if we all agreed that things were now fine and it could all be closed, we all agreed. The parents asked that the information NOT be shared with her school and the SW agreed. When she came to us the previous year she was subject to a CIN but within the first couple of months things taken off . Ten months later and things were back to previous  situation with social services involved again and she was back on register as CIN. So I was really surprised that the parents could request this and thought that surely the school should know something, therefore maybe to keep a closer eye on the child. 

[Lauren]

We've been taking a look through the statutory framework for EYFS document here today and it seems as though it is encouraging you to share some information about the child with other relevant early years professionals (and we think that includes future teachers). However, there is a very clear line in 2.5 about only sharing the two year progress check if you have consent. So, we were thinking that you should share the assessment data with new settings, but get consent to send reports (including progress checks). Would that make sense? The easiest way we came up with to do that is to get a copy of everything you want to send to the new setting and then tell the parents that you will send a, b, and c, but you'd also like to send x, y, and z if they will give you consent to do so.

Something to watch out for though is media - remember that sometimes other children will appear in the same picture, even if it's just in the background, and you would need consent form their parents too if you want to send over those images. 

We wanted to create a general consent form, but ultimately found that there were so many variables that any form we came up with would be too complicated to be particularly useful! 

[FARM]

Hi everyone,

I do not transfer the children’s photographic journals from Tapestry to schools, instead I deliver a hard copy of the children’s summative assessments.

This is because our children attend a variety of schools in the local area and I felt it would not be appropriate to send photographic evidence which may well include other people’s children, who will not be going to that particular school.

It is a shame but I can’t really see any other way round it.

i would be interested to hear views on this. 

[finleysmaid]

44 minutes ago, FARM said:

Hi everyone,

I do not transfer the children’s photographic journals from Tapestry to schools, instead I deliver a hard copy of the children’s summative assessments.

This is because our children attend a variety of schools in the local area and I felt it would not be appropriate to send photographic evidence which may well include other people’s children, who will not be going to that particular school.

It is a shame but I can’t really see any other way round it.

i would be interested to hear views on this. 

this is included in our original  agreement to tapestry that children may be seen in other obs...the parents know this when they sign up . It would be such a shame to not use the ability for other tapestry settings to carry on the good work that we've done!