Policy Statement

The London Borough of Waltham Forest recognises that the effective operation of the Fair Access Protocol depends upon the timely, lawful and proportionate sharing of information between the Council, schools, admission authorities and relevant partner agencies.

Information sharing is essential to ensuring that decisions are made in the best interests of children, that appropriate educational provision can be identified without unnecessary delay, and that the Fair Access Protocol operates fairly, transparently and consistently.

All information sharing undertaken as part of the Fair Access Protocol will comply with applicable data protection legislation, safeguarding responsibilities and the common law duty of confidentiality.

Purpose

The purpose of this section is to establish the principles governing the collection, use, sharing, storage and retention of information required for the operation of the Fair Access Protocol.

Only information that is relevant, necessary and proportionate for the purpose of making informed placement decisions should be shared.

Legal Framework

Information processed under this Protocol must be handled in accordance with:

• UK General Data Protection Regulation (UK GDPR);
• Data Protection Act 2018;
• Human Rights Act 1998;
• common law duty of confidentiality;
• relevant safeguarding legislation and statutory guidance;
• the Council's Information Governance policies; and
• any applicable Information Sharing Agreements. 

Where there is any conflict between this Protocol and legislation, the legislative requirements will take precedence.

Principles of Information Sharing

Information shared under the Fair Access Protocol will be:

• Lawful — shared under an appropriate legal basis.
• Necessary — limited to information required to support decision-making.
• Minimum Necessary Information — information sharing should reflect the principle of data minimisation.
• Relevant — directly related to the child's circumstances and educational needs.
• Accurate — as complete and up to date as reasonably practicable.
• Proportionate — no more information than is necessary will be shared.
• Evidence-based — information shared should be sufficient, relevant and capable of supporting fair, transparent and proportionate decision-making under the Fair Access Protocol.
• Timely — shared without unnecessary delay where this supports the child's access to education.
• Secure — transmitted and stored using appropriate organisational and technical safeguards.
• Confidential — accessible only to those with a legitimate professional need to know. 

Information That May Be Shared

Only information that is relevant to the referral should be shared.

Information Sharing with the Fair Access Panel

Panel members require sufficient information to make informed, balanced and evidence-based decisions.

Information provided to the Panel should:

• be relevant to the matters under consideration;
• be accurate and up to date;
• identify the child's educational needs and circumstances;
• include any relevant safeguarding or risk information;
• identify any support already provided; and
• include any other information necessary to support a lawful and proportionate decision. 

Panel members must treat all information as confidential and use it solely for the purposes of exercising their responsibilities under the Fair Access Protocol.

Confidentiality

All individuals involved in the operation of the Fair Access Protocol are responsible for maintaining the confidentiality of information shared during the referral and decision-making process.

Information obtained through the Fair Access Protocol must not be shared beyond those who have a legitimate professional need to know unless required or permitted by law.

Record Keeping

The Council will maintain appropriate records of:

• referrals received;
• information considered;
• decisions made;
• reasons for decisions;
• placement outcomes; and
• any subsequent reviews. 

Records will be retained in accordance with the Council's records management policies and applicable legal requirements.

Data Subject Rights

Children, parents and carers retain their rights under data protection legislation, including the right to request access to personal information, subject to any lawful exemptions.

Requests relating to personal information held by the Council should be managed in accordance with the Council's Information Governance procedures.

Information-Sharing Process

Referral received
↓
Relevant information gathered
↓
Lawful basis confirmed
↓
Information shared securely
↓
Fair Access Panel considers referral
↓
Decision recorded
↓
Records retained securely

Key Practice Points

• Share only information that is relevant and necessary.
• Ensure information is accurate and up to date wherever practicable.
• Keep safeguarding at the forefront of decision-making.
• Record the reasons for significant decisions.
• Treat all information as confidential and share it only with those who have a legitimate professional need to know. 

Cross References

This section should be read alongside:

• Section 3 — Ensuring Fair Distribution of Places;
• Section 5 — Children Eligible for Consideration under the Fair Access Protocol;
• Section 19 — Fair Access Panel Governance and Terms of Reference; and
• Section 21 — Monitoring and Strategic Overview