SEND Empowerment Advocacy – Data Protection Policy

1. Introduction

SEND Empowerment Advocacy is committed to protecting the rights and privacy of individuals in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. This policy outlines how we collect, store, process, and share personal data and explains the rights of individuals regarding their personal information.

2. Purpose of This Policy

This policy ensures that:

  • Personal data is processed fairly, lawfully, and transparently.
  • Data is collected for specified, explicit, and legitimate purposes.
  • Only data that is adequate, relevant, and limited to what is necessary is collected.
  • Data is kept accurate and up to date.
  • Data is kept for no longer than necessary.
  • Data is processed securely.

3. Scope

This policy applies to:

  • All staff, volunteers, contractors, and trustees of SEND Empowerment Advocacy.
  • All personal data held by the organization in relation to service users, staff, partners, and other stakeholders.

4. What Is Personal Data?

Personal data is any information that relates to an identified or identifiable living person. Examples include:

  • Names, addresses, email addresses, telephone numbers
  • Date of birth, National Insurance numbers
  • Educational, health or care-related information
  • Case files, advocacy notes, and correspondence

Special category data includes sensitive personal information such as:

  • Health and disability information
  • Ethnic background
  • Sexual orientation
  • Religion or beliefs

5. Lawful Basis for Processing

We only process personal data where there is a lawful basis, including:

  • Consent from the individual
  • Legal obligation
  • Vital interests (to protect someone’s life)
  • Public task (in the public interest)
  • Legitimate interests (except where overridden by the rights of the individual)

For special category data, we may also rely on:

  • Explicit consent
  • Provision of health or social care support
  • Safeguarding of individuals at risk

6. Data Collection and Use

We collect and use personal data to:

  • Provide advocacy and support services
  • Communicate with service users and other stakeholders
  • Manage casework and referrals
  • Comply with legal and safeguarding obligations
  • Monitor and improve our services
  • Report anonymised data to funders and regulators

7. Data Storage and Security

We ensure that all personal data is stored securely. This includes:

  • Password-protected computers and databases
  • Locked filing cabinets for paper records
  • Restricted access to data on a need-to-know basis
  • Use of secure and encrypted digital platforms where appropriate

All staff and volunteers are trained in data protection principles and have a duty to keep personal information confidential and secure.

8. Data Sharing

We only share personal data with third parties where:

  • The individual has given explicit consent
  • There is a legal obligation or safeguarding concern
  • It is necessary for service delivery (e.g., referrals to other professionals or services)

Where data sharing is necessary, we ensure:

  • Data sharing agreements are in place
  • Only the minimum data necessary is shared
  • Information is transferred securely

9. Data Retention

Personal data is retained only for as long as necessary to:

  • Fulfil the purpose for which it was collected
  • Meet legal, contractual, or regulatory requirements

10. Individual Rights

Under the UK GDPR, individuals have the following rights:

  • The right to be informed about how their data is used
  • The right of access to their personal data
  • The right to rectification of inaccurate data
  • The right to erasure (in certain circumstances)
  • The right to restrict processing
  • The right to data portability
  • The right to object to processing
  • Rights in relation to automated decision-making and profiling (not used by our service)

To exercise any of these rights, individuals should contact the Data Protection Lead (details below).

11. Data Breaches

In the event of a data breach, SEND Empowerment Advocacy will:

  • Take immediate steps to contain the breach
  • Assess the risk and potential impact
  • Notify the Information Commissioner’s Office (ICO) within 72 hours if required
  • Notify affected individuals where there is a high risk to their rights or freedoms
  • Keep a record of all data breaches

12. Responsibilities

  • The Data Protection Lead is responsible for overseeing data protection practices, responding to access requests, and providing staff training.

Data Protection Lead Contact:
Marnie H
info@send-empowerment.co.uk


 

13. Policy Review

This policy will be reviewed annually, or earlier if there are changes to data protection laws or to our services.

Last reviewed: 19.05.25
 Next review due: 1.05.26

 

 

 

Terms and Conditions – SEND Empowerment Advocacy

Last updated: 10.05.2025

By using this website or accessing our free support services, you agree to the following terms and conditions. These outline how we operate, what you can expect from us, and how you may use our services and content.

1. Who We Are

SEND Empowerment Advocacy is an independent service offering free advice, information, and advocacy to parents, carers, and young people with Special Educational Needs and Disabilities (SEND) in England.

 

 

2. Use of This Website

You may use this website to:

  • Access information about SEND rights and support

     
  • Request free advice or advocacy

     
  • Download or read free resources

     

You must not:

  • Use the site for unlawful purposes

     
  • Copy or share content without permission

     
  • Submit false or harmful information through our contact forms

     

3. Free Support Disclaimer

We provide free support to the best of our ability, based on current SEND law and guidance. However:

  • Our support is for information and advocacy purposes only

     
  • We do not provide legal, medical, or psychological advice

     
  • We do not guarantee outcomes (e.g., EHCP approval, tribunal success)

     
  • You remain responsible for decisions and actions taken based on our support

     

If you need legal advice or representation, we will do our best to signpost you to appropriate services.

 

 

4. Limitation of Liability

We are not liable for:

  • Any losses or damages resulting from reliance on information provided by us

     
  • The outcome of any SEND-related applications, meetings, or processes

     
  • Interruptions to website availability or errors in content

     

Use of our website and services is entirely at your own discretion and risk.

5. External Links

We may link to other websites or services. We are not responsible for their content, privacy policies, or accuracy.

6. Changes to These Terms

We may update these Terms from time to time. The most recent version will always be available on this website. Continued use of our services or site means you accept any updated terms

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