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  3. Information governance
  4. Data protection
  5. Privacy notice
  6. Peoples Directorate privacy notice

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EHCP Plus privacy notice

This privacy notice relates to Islington Council’s use of EHCP Plus and explains how we collect, use, and share personal data in relation to the EHCP Plus project.

EHCP Plus is a tool designed to support the creation and management of Education, Health, and Care Plans (EHCPs) for children and young people with special educational needs. 

EHCP Plus is designed for local authorities, SEND (Special Educational Needs and Disability) teams, case workers, and other professionals involved in the EHCP process. It integrates Generative Artificial Intelligence (Gen AI) to streamline the process, making it faster and more efficient and allowing case workers to spend more time offering direct support and face-to-face interactions with children and families rather than on paperwork.

Islington Council is currently trialling EHCP Plus to evaluate its effectiveness. 

What information we collect, hold and use

We collect and process the following types of personal data:

  • Personal Information: Name, address, email address, date of birth, gender, postcode, and identification numbers.
  • Special Category Data: Health data, race/ethnic origin.
  • Other Information: Information related to the EHCP process, including health, education, and situational reports.

Why we collect and use this information

We use your personal data for the following purposes:

  • To create and manage EHCPs for children and young people.
  • To improve the efficiency and accuracy of the EHCP process using generative AI.
  • To comply with our legal obligations under the Children and Families Act 2014 and the SEND Code of Practice 2015.

Under the UK General Data Protection Regulation (UK GDPR) and Data Protection Act (DPA) 2018, the lawful bases we rely on for processing this information are:

  • Article 6 (1) (c) of the UK GDPR: Processing is necessary for compliance with a legal obligation.
  • Article 6 (1) (e) of the UK GDPR: Processing is necessary for the performance of a task carried out in the public interest.

In addition, we also rely on the following lawful bases for processing special category data:

  • Article 9 (2) (g) of the UK GDPR: Processing is necessary for reasons of substantial public interest.
  • Article 9 (2) (h) of the UK GDPR: Processing is necessary for the provision of health or social care.

Generative AI and Decision-Making

EHCP Plus uses generative AI to help make the EHCP process more efficient by reading and categorising source material and using this to help create initial drafts of EHCPs. However, the AI does not make any automated decisions about children and young people. A professional will always be involved in the process to review, verify, and validate the AI-generated drafts. The professional's role is to ensure the accuracy and completeness of the EHCPs, making any necessary adjustments and adding key elements that require their expertise.

Who we share this information with

We may share your personal data with:

• Local authority staff involved in the EHCP process.
• Third-party service providers who support the EHCP Plus tool such as Agilisys Limited.
• Other organisations as required by law.

Storing personal data

We retain your personal data for the duration of the EHCP process and in accordance with our data retention policy. During the trial period, personal data will be manually deleted once the Care Plan has been successfully drafted. Upon termination of the contract, all personal data will be securely deleted within 30 days.

Your rights and requesting access to your personal data

Under data protection legislation, parents, carers, and children have the right to request access to information about them that we hold. To make a request for your personal information contact FOIA@islington.gov.uk.

You also have the right to:

  • object to processing of personal data that is likely to cause, or is causing, damage or distress.
  • prevent processing for the purpose of direct marketing.
  • object to decisions being taken by automated means.
  • in certain circumstances, have inaccurate personal data rectified, blocked, erased, or destroyed; and
  • a right to seek redress, either through the Information Commissioners Officer (ICO), or through the courts

Further information can be found on our corporate privacy notice.

If you are dissatisfied with the processing of your information, please raise your concern with the council’s data protection officer in the first instance. You also have a right to lodge a complaint with the Information Commissioner’s Office.