Royal Borough of Windsor & Maidenhead

Data Sharing Agreement

Author / Karin Taylor, Education Information Officer
Date of Agreement / 01 May 2014
Proposed Review Date / 01 September 2014

Document Control

Amendment History

Version /
Issue No. / Date / Authors / Remarks / Reason for Change
0.1 / 10 May 2014 / Karin Taylor / Initial Draft Version
0.2 / 23 May 2014 / Karin Taylor / Agreed version for distribution
0.3 / 2 Sept 2014 / Karin Taylor / Amendment to DBS checking
0.4
0.5
0.6
0.7
0.8

Sign-Off List

Name / Position

Distribution List

Name / Position
Alison Alexander/David Scott / Children’s Services
Maria Lucas / Legal
Headteachers / All Maintained/Academy/Free School


RBWM Data Sharing Agreement

1.  Purpose

1.1 This agreement will set out the roles and responsibilities of RBWM (hereafter referred to as the LA) and School/Academies/Free Schools (hereafter referred to as the school) in relation to the sharing of data to support children, parents/carers, and staff.

1.2 One purpose of this agreement is to meet the responsibilities of partner organisations in relation to the Data Protection Act 1998. The school acts as Data Controller for data it holds in relation to its business, with the LA acting as Data Processor for some of this data. Likewise the LA acts as Data Controller with schools then acting as Data Processor. This agreement intends to simplify the process.

1.3 Another purpose is to enhance the ability of partner organisations to support the learning, attainment and welfare of children through the sharing and use of data not otherwise readily available to each organisation.

1.4 The LA will provide support, guidance and, where required, analysis of DfE statutory and other data including:

·  termly School Census

·  annual School Workforce Census

·  DfE attainment statutory returns

·  other data analysis or requests as required including analysis from statutory returns

·  all data will be provided via secure and/or encrypted method

·  the support offered will enable schools to produce true and accurate returns in a timely fashion.

·  Data will be anonymised whenever personal details are not required

1.5. The LA will support and help schools with:

·  maintaining accurate and clean quality data.

·  reducing the administrative burden on schools – LA ethos is that data is provided once, but used many times

·  ensuring appropriate access to information to provide better services.

·  supporting schools enabling them to provide true and accurate statutory data returns.

·  maintain demographically relevant benchmarking information

·  enabling advisers / officers to fulfil their duties where these services are part of a SLA.

·  supporting with FFT Live, RaiseonLine, and other DfE approved databases and supporting with external bespoke DfE approved software database packages.

1.6 The main benefits of the agreement will be:

·  meeting requirements of the Data Protection Act 1998

·  reducing the administrative burden on schools using criteria data inputted once but used many times

·  providing better targeted services to all children and staff

·  ensuring the safety and wellbeing of all children and staff

1.7 Schools will provide to the LA:

·  school and School Workforce CENSUS and other statutory return files in correct format and in a timely fashion

·  CENSUS summary documents to be used as reference; and will supply the LA with associated data as required to be used as part of its responsibilities to inform residents, government departments and other agencies.

·  other attainment data required for analysis.

· all GCSE and ‘A’ level results on designated results day in agreed format.

· Data will be anonymised whenever personal details are not required

2. This agreement will enhance the sharing of information and data between the LA and schools to support the raising of pupil attainment and to the benefit of children and staff. The information will be used to facilitate:

·  analysis of the LA’s school population in line with statutory duties and to support the LA’s objectives.

·  the provision of information to the government or their representatives in line with statutory duties

·  the provision of information (within the confines of the Data Protection Act 1998 and the Freedom of Information Act 2000 Act 2000) relating to the characteristics of the school age population to third parties

·  the forecasting of future school places and analysis in support of school organisation objectives

·  long term modelling of future budgets

·  the LA to support schools with the allocation of budgets

·  other uses as necessary, provided that these are lawful and are incompliance with the Data Protection Act 1998 and the Freedom of Information Act 2000 Act 2000.

2. Data Transfer

2.1 B2B is the preferred secure transfer of child level data from schools Management Information Management System (SIMS) to the Capita ONE system within the LA. Data is transferred via a secure internet connection from schools on a weekly scheduled routine for all pupil data including attendance and exclusions.

2.2. The LA agrees to:

·  make the data available to identified professionals, removing any unnecessary requirement for them to contact the school directly

·  notifiy the school, should there be any inaccuracies in the data to ensure that both parties’ data is accurate.

·  provide advice and guidance to support the data transfer process

·  use reports and analyse the data to provide LA statutory returns and to be used in the process of the LA business.

2.3 The school agrees to:

·  Transfer data via Capita B2B on scheduled weekly updates of child level personal data including attendance and exclusions

·  Where a schools MIS system is not compatible with Capita ONE B2B then a Data Exchange file should made available in an agreeable format which will enable a manual upload

·  work with the LA to resolve any discrepancies e.g. pupils appearing more than once.

·  provide information to and work with the LA in respect of any safeguarding issues and concerns.

3. Statutory Returns

3.1. The School Census is a DfE statutory return completed by all maintained schools within England. Data items vary according to each census but all three census returns include pupil level data.

3.2. The School Workforce Census is a DfE statutory return completed by all schools annually. Data items include staff level data. Data is collected annually and includes all staff level data.

3.3 The data will be used to provide the LA to carry out specific functions for which it is responsible, including assessment of individual pupils. It also uses the information to derive statistics to inform decisions on funding of schools, performance of schools and target setting.

3.4. The LA agrees to:

·  provide support and guidance information for schools to complete the Census in a timely manner

·  support with uploading returns to DfE COLLECT portal

·  liaise with schools on any data cleansing and amendment issues

·  to manage any duplicate pupil queries with other Local Authorities and schools.

3.5. Schools agree to:

·  provide the LA with the xml file to be uploaded to the COLLECT portal

·  provide the LA with a copy of the Census summary for reference purposes

·  to provide the nominated LA Officer with a login to the COLLECT portal to facilitate support for academies/free schools

4. Attainment Data Collections

4.1 There is a DfE statutory requirement for all schools to submit attainment data to the DfE in a required format. These currently are:

·  Early Years Foundation Stage (EYFSP)

·  Key Stage 1 (KS1)

·  Phonics

·  Key Stage 2 (KS2) Teacher Assessments

4.2 The LA uses attainment data to target the provision of services to schools. It is used to support the raising of pupil attainment and to provide support where required. The LA also uses the data to provide targeted services to individual or groups of children to schools and localities where there is the most need in order to improve outcomes for the whole of the borough.

4.3 For each of the statutory requirements the school agrees to:

·  upload the data returns to the LA to a dedicated area within First Class in a timely fashion

·  liaise with the LA on any discrepancies or amendments to returns

4.4 The LA will:

·  support schools with guidance and assistance in preparation of the required returns required.

·  liaise with the school on any discrepancies or amendments to returns

·  liaise with schools on moderation of the data as required by DfE

4.5 In addition the LA will require schools to provide other assessment data to support requests by Headteachers, other areas within LA and any outside agencies e.g. Health.

5. Other Data Requirements

·  5.1 Within the LA data will be shared with other teams e.g. Directions, Home to School, Contracts, etc. The type of data shared will be dependent on the departments requirements i.e. Directions will require complete pupil data. Data will be anonymised whenever personal details are not required.

5.2 From time to time schools are asked to submit data including information on racially-motivated incidents, bullying, etc. The LA uses this data to report on the number/ type of incidents and to inform service provision and strategies which may assist schools to promote inclusion and reduce the likelihood of such incidents occurring. The LA will inform schools when this data is required and provide appropriate reports and timescales.

5.3 On behalf of all schools the LA agrees to provide School Health with a list of new starters and leavers to schools. School Nurses will use the information in their processes for inoculations, health checks etc. The LA will act as the intermediary and will support schools in this process.

5.4 On behalf of all schools the LA agrees to share data with Berkshire Maestros to facilitate the completion of their statutory return to DfE required for funding purposes. There is a separate Data Sharing agreement to facilitate this.

5.5 In order to ensure accurate data on the Looked After Children status of individuals (from both RBWM and from other local authority areas), this data reconciliation process will take place once every term.

6. Third Party Agreements

The LA acts on behalf of schools in the sharing of data with a number of third party organisations. Unless specifically stated, the school will accept that their data will be included in any data sharing or ad hoc data requests to the LA. Data shared between the LA, the school and third party organisations form part of this agreement. These requests are evaluated individually ensuring that where necessary a data sharing agreement and the correct code of practice have been put in place and that any bodies requesting information are DBS checked to an enhanced standard. Such requests will also be considered in line with the requirements of the Data Protection Act 1998 and the Freedom of Information Act 2000 legislation.

7. Data Processing

7.1 The data will only be processed if a condition from Schedule 2 and, if necessary, a condition in Schedule 3 of the Data Protection Act 1998 is met. The LA will use the data to provide and plan services for children

7.2 The LA will provide schools with up to date Privacy Notices which notify data subjects (pupils/parents/staff) of the organisations with whom their personal data may be shared.

7.3 The LA will give support and guidance in the process of providing Privacy Notices

7.4 The LA will give support and guidance with UPN, and changes in data codes sets not covered elsewhere. This may be via regular Seminars, email updates, or other methods.

7.5 The LA will give support in other aspects of data processing not covered by any SLA.

8. E-mail and Uploading of Data

8.1 Any email correspondence containing pupil and or staff information should be protectively marked and sent via a secure and encrypted method using the LA’s First Class system. This ensures that any confidential data is kept safe and secure whilst protecting the pupil and or staff.

8.2 Any data returns should be uploaded to dedicated areas within First Class.

8.3 Where First Class is not being used, pupil and/or staff information and/or data returns must be protectively marked, password protected and sent as an attachment in an email with the password being sent in a second email.

8.4 The LA will provide support and guidance with the uploading of returns.

9. Appropriate Security Measures

9.1 The LA agrees to comply with the seventh principle of the Data Protection Act 1998 regarding security and to ensure that adequate security arrangements are in place, in order to protect the integrity and confidentiality of the information held. All personal data will be held electronically and will be password protected.

9.2 Both parties agree not to transfer personal information by unsecure email, only to use secure electronic mechanisms such as B2B, First Class or the S2S secure transfer website.

10. General Data Protection Responsibilities

10.1 This agreement needs to be agreed and signed by both the LA and the school

10.2 It is the responsibility of both parties of this agreement to ensure that they are properly registered to share information, in accordance with this protocol, as required under the Data Protection Act 1998.

10.3 Both the LA and schools agree to keep the information no longer than is necessary to deliver and plan services for children. Annual reviews of retention and destructions requirements will be undertaken.

10.4 All parties agree that all individuals dealing with data have a current DBS check (recommended that these are updated every three years)

10.5 Both the LA and schools agree to process information requests from parents, students and third parties in accordance with access to education records regulations, the Data Protection Act 1998 and the Freedom of Information Act 2000.

10.6 Any breach of this agreement must be recorded, reviewed, communicated to the affected parties, and, if applicable, reported to the Information Commissioner in a timely fashion.

11. Designated Officers

11.1 Each Party will ensure that all of its designated officers are fully conversant with the provisions of this protocol and receive training regarding Human Rights and Data Protection principles and have current enhanced Disclosure and Barring Service (DBS) clearance.