Privacy Notice for Nursery Provision in the Royal Borough of Kensington and Chelsea

Purpose for processing your information

The Royal Borough of Kensington and Chelsea’s Nurseries collect and use personal information about you and your family. The Council is registered as a Data Controller under the Data Protection Act 2018

The nursery is an early years registered provider and operates working within the guidelines of Ofsted and the Statutory Framework. The collection of data is for the best interests of the families and staff at our nursery and enable us to run the nursery effectively in line with the guidelines set.

We use information about children and young people to enable us to carry out specific functions for which we are responsible. There are a variety of reasons why we work with families and ways that we collect data to support you and your family.

We collect the following information

The nursery collects a range of data from prospective families and families who join and currently attend the nursery.

The information you provide helps us to support your family and make sure that we meet our legal duties and responsibilities, for example to carry out an educational or social care assessment.

We collect this data for a range of reasons in line with legal guidelines with many of our other policies on safeguarding, safer recruitment and Ofsted regulations. 

We collect the following personal data some of which we may collect and use as part of working with children and their families: 

  • Names, addresses and contact details and emergency contact details of parents (including pregnant parents) and carers and their relationship to children at the nursery
  • Names, dates of birth, ethnicity, gender and any disability of children using the nursery
  • Ethnicity, first language spoken and any interpreting needs
  • Details of any disabilities
  • Education and employment status of parents and carers including any benefits received
  • Details of nurseries or schools that children attend
  • Health details including registration with a GP, dentist and allocated health visitor (for parents and carers). Details of immunisations and dates of developmental checks (for children).

Your personal information is only used for a specified purpose(s) but if we intend to use it for another purpose we will normally ask you first.

For instance in some cases, the Council may wish to use your information for another purpose such as related to improving and developing services, or to prevent or detect fraud.  In any event our processing will always have a demonstrable lawful basis.  Where practicable and reasonable we will always seek to inform you of any significant proposed changes to how we process or intend to process your personal data, in order to ensure full transparency over how we handle your information.

We may also anonymise some personal data you provide to us to ensure that you cannot be identified and use this data to allow the Council to effectively target and plan the provision of services.

How we collect your information

We collect information in a number of ways, this includes:

  • Hard copy paper forms
  • Online forms

Who the information is shared with

Where possible we will always discuss with you when we would like to share your data with other agencies however, we may need to share your information where there is a legal reason to do so without asking you.

On occasions some sensitive data may be shared for example when children transition to school, or with professionals involved with the SEN of a child.

How long do we keep your information?

We will only keep your information for as long as is required by law and to provide you with the necessary services in line with our stated retention policy.  In general information related to:

Registration forms

We will keep registration forms for a year after the planned start date, unless the child is a baby and may want a pre-school place )  Registrations that are not offered a place but wish to be kept on our waiting list are kept for one year, otherwise they are securely destroyed.

Settling pack and family information

We only collect this data on the basis a child is starting nursery with us. When a child leaves the nursery we archive all of their personal data in locked cabinets on the premises. We keep this personal information for 6 years after the child has left. Unless there have been serious accidents, safeguarding or other concerns which then the data is kept for 21 years or when the child reaches the age of 24 for child protection cases.

Photographs

The nursery takes photos of children using tablets and camera’s these are used online or via the tapestry app. Once a child leaves we mark children as left and they become inactive on our apps. Parents will still have access to Tapestry this can be requested from the nursery. Any photographs displayed around the nursery are given to the parent or are destroyed after the child has left.

Your rights and access to your information

You have the right to request a copy of the information that we hold about you.

The DPA’18 also gives you additional rights about the information we hold about you and how we use it, including the right to:

  • Withdraw consent and the right to object and restrict further processing of your data; however, this may have an impact on the services we are able to deliver to you.
  • Request to have your data deleted where there is no compelling reason for its continued processing and provided that there are no legitimate grounds for retaining it.
  • Request your data to be rectified if it is inaccurate or incomplete
  • Have your data transferred or copied should you move to another authority
  • Not be subject to automated decision-making including profiling
  • If you want to see information stored about you, you will need to submit a ‘Subject Access Request’.

Please send an email to this address for further details: dataprotectionact@rbkc.gov.uk

If you have any concerns

You have a right to complain to us if you think we have not complied with our obligation for handling your personal information; please send an email to this address if you wish to send a complaint: 

dataprotection@rbkc.gov.uk

If you are not satisfied with the Council’s response you have a right to complain to the Information Commissioner’s Office (ICO). You can report a concern by visiting the ICO website.

Changes in your circumstances

You must notify us immediately if there are any changes in your circumstances and personal details so we can maintain an accurate and up to date record of your information.

You can also find out more information on the fair processing notice webpage.