Falkirk Council provides an Educational Psychology Service to support the delivery of education. We will assess children and young people with additional support needs and give advice about appropriate methods of education. We provide support and work alongside other agencies. We will provide training, research and development work.

This notice provides details of what information we collect from you, what we do with it and who it might be shared with.

Identity and contact details of the controller and the data protection officer

Falkirk Council is the data controller. You can contact the data protection officer at:

Data Protection Officer
Municipal Buildings
West Bridge Street
Falkirk
FK1 5RS

Frequently asked questions


Why do we collect this information?

Falkirk Council Educational Psychology Service collects the information about you and your child or young person in order to provide you with an Educational Psychology Service. It is your choice to access the Educational Psychology Service with the exception of matters of Child Protection or requests from the Scottish Children's Reporter's Administration. You may withdraw consent to use our service at any point, although we will require to process the data held in accordance with the retention period outlined below.

The Educational Psychology Service undertakes research and evaluation activity. Where this is done, information on you or your child is obtained with you or your child’s consent. If you choose not to participate in research or evaluation activity this does not affect how we provide the Educational Psychology Service to you or your child. The information is being collected for the following purposes:

  1. To provide an Educational Psychology Service for children and young people between 0 and 24 years of age. This means it is to provide a service for you or your child
  2. To communicate with you or your child about this service and to provide advice to you or your child and to those working with you or your child
  3. To contribute to the Child’s Plan or Coordinated Support Plan
  4. To undertake research on behalf of the education authority

The legal basis for each purpose is set out below:

Legal basis Purpose
Consent 4
Performance of a contract  
Legal obligation 1, 2, 3
Vital interests  
Task carried out in the public interest 1, 2, 3, 4
Legitimate interests  

Where we are relying on legal obligation or task carried out in the public interest, below are the key pieces of legislation that apply:

  • Education (Scotland) Act 1980
  • Education (Scotland) Act 2016
  • Education (Disability Strategies and Pupils' Educational Records)(Scotland) Act 2002
  • Education (Additional Support for Learning) (Scotland) Act 2004
  • Standards in Scotland’s Schools etc Act 2000
  • Children (Scotland) Act 1995
  • Equality Act 2010
  • Children and Young People (Scotland) Act 2014

What information do we collect about you?

We collect your name and your child's name and date of birth, school and contact details (a postal address, email address and phone numbers). We also keep copies of your communications with us and our responses. We keep assessment information, reports on educational progress, advice offered, intervention records, Child’s Plan records, minutes of meetings, Action Plans, Coordinated Support Plans and reports from partner agencies and services.


Where do we collect information from?

We collect information from you using a variety of different methods including when you complete one of our forms, when you write, email or meet with us. We may also obtain information about you from other council services and partner services such as NHS, Voluntary Organisations and Social Work. We may at times request information from other education authorities, or Educational Psychology Services. Where we request information from third parties about your child, you will be informed.

This list is not exhaustive and we may on occasion receive information from other sources not listed above, for example other pupils, parents or members of the public.


Who might we share your information with?

We will share your information, as this is necessary to provide an Educational Psychology Service, with the education establishment and the agencies that are part of the Team Around the Child for you or your child.

We will share this information with another agency where we are making a referral or request for assistance, with your consent and will ask your consent at that time.

We may also be asked to share information with outside bodies. These bodies are the Scottish Children’s Reporter’s Administration and NHS Forth Valley. We will share your information with another local authority Education Service/Educational Psychology Service if they have, or are likely to assume responsibility for the education of you or your child. We will only share information with an outside body if you are currently, or if you become, involved with these services.

The only information that we would share with other Council services and outside bodies would be relevant information contained in, or copies of, reports, consultations and letters. This is necessary in order to provide a service under the Scottish Government’s Getting It Right For Every Child policy and in the legislation outlined in the introduction. If asked to share data, Educational Psychologists will use their professional judgement to identify which information is appropriate and necessary to share with the other professionals involved.

We will share your information with inspection and scrutiny bodies such as Education Scotland. They may review the full data we hold on you or your child as well as the processes we use.

We do not share your information with anyone else, unless we are required to do so by law.

The Council has a duty to protect public funds. We may check your information within the Council for verification purposes and/or for the prevention of fraud. We may share your information with other organisations where we are required to do so for the purposes of the prevention or detection of crime or to comply with court orders.


Will we send your information outwith the UK?

We do not transfer your information outwith the UK. If you are leaving the UK, we can provide you with a copy of that information to share with the respective educational psychology service or education establishment in that country.


How long do we keep hold of your information?

We will keep this information for 5 years after you or your child leaves school. We may, in some circumstances, provide a service to young people who are beyond school leaving age, in which case we will retain the information for 5 years after ceasing to provide a service. For children and young people who are currently or have been Looked After and Accommodated by a local authority, files will be kept indefinitely in line with the requirements and recommendations of the Scottish Child Abuse Inquiry (SCAI).

Where information is gathered as part of a research project, the raw data will be held securely for no longer than 5 years, in line with the consent under which it is given at the time. The purpose and retention period will be outlined at the point we seek your consent to participate. The individual’s information is anonymised and no individual would be identified in the report of the research.

If you require more information please contact the Data Protection Officer.


What are my rights in relation to the information held about me?

You have the following rights:

  • To see any information held about you by making a subject access request.
  • To withdraw consent at any time, where the legal basis for processing is consent.
  • To data portability, where the legal basis for processing is (i) consent or (ii) performance of a contract.
  • To request rectification or erasure of your information, where data protection legislation allows this.

Do I have a right to complain about the way information has been used?

If you have a concern about the way we are collecting or using your personal data, please let us know and we will try to resolve this. If you are still concerned, you can contact the Information Commissioner:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow, Cheshire
SK9 5AF
0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

Do I have to provide my personal data to you?

You do not have to provide information to us, but we will not then be able to provide you with an educational psychology service.


Do you use any automated processes to make decisions about me?

The Falkirk Council Educational Psychology Service does not use an automated process for making decisions about you or the services you require.


This notice was last updated in May 2018.