NexSEND Consultancy

Shaping the Future of SEND Health Together

PRIVACY pOLICY

 

 

This privacy notice tells you what to expect us to do with your personal information.

 

Contact details

Email                                       enquiries@nexsend.co.uk

Contact                                    Mark Porter

ICO Reference Number           ZC133175

 

What information we collect, use, and why

 

We collect or use the following information to provide subject matter expert advice, consultation, coaching, document drafting and other goods:

  • Name, address and contact details
  • Gender
  • Date of birth
  • NHS/HSC/CHI number
  • Hospital number
  • Next of Kin details including any support networks
  • Health information (including medical conditions, allergies, medical requirements and medical history)
  • Information about care needs (including disabilities, home conditions, medication and dietary requirements and general care provisions)
  • Test results (including psychological evaluations, scans, bloods, x-rays, tissue tests and genetic tests)
  • Records of meetings and decisions

 

We also collect the following special category information to provide subject matter expert advice, consultation, coaching and other goods. This information is subject to additional protection due to its sensitive nature:

  • Health information

 

We collect or use the following personal information for the prevention, detection, investigation or prosecution of crimes:

  • Name, address and contact details
  • Witness statements and contact details
  • Relevant information from previous investigations

 

We collect or use the following information for safeguarding or public protection reasons:

  • Name, address and contact details
  • NHS/HSC/CHI number
  • Hospital number
  • Emergency contact details
  • Health information (including medical conditions, allergies, medical requirements and medical history)
  • Information about care needs (including disabilities, home conditions, dietary requirements and general care provisions)
  • Relevant information from previous investigations
  • Test results (including psychological evaluations, scans, bloods, x-rays, tissue tests and genetic tests)
  • Records of meetings and decisions

 

We also collect the following special category information for safeguarding or public protection reasons. This information is subject to additional protection due to its sensitive nature:

  • Health information

 

We collect or use the following personal information to comply with legal requirements:

  • Name
  • Contact information
  • Identification documents
  • Health and safety information
  • Any other personal information required to comply with legal obligations
  • Safeguarding information

 

We collect or use the following personal information for recruitment and subcontracting purposes:

  • Contact details (eg name, address, telephone number or personal email address)
  • Date of birth
  • National Insurance number
  • Copies of passports or other photo ID
  • Employment history (eg job application, employment references or secondary employment)
  • Education history (eg qualifications)
  • Social media
  • Right to work information
  • Details of any criminal convictions (eg Disclosure Barring Service (DBS), Access NI or Disclosure Scotland checks )
  • Security clearance details (eg basic checks and higher security clearance)

 

We collect or use the following personal information for information updates, marketing or market research purposes:

  • Names and contact details
  • Addresses
  • Marketing preferences
  • Website and app user journey information
  • IP addresses
  • Personal information used for administration of the research

 

We collect or use the following personal information for dealing with queries, complaints or claims:

  • Names and contact details
  • Addresses
  • Payment details
  • Account information
  • Purchase or service history
  • Witness statements and contact details
  • Relevant information from previous investigations
  • Customer or client accounts and records
  • Financial transaction information
  • Information relating to health and safety (including incident investigation details and reports and accident book records)
  • Correspondence

 

We also collect the following special category information for dealing with queries, complaints or claims. This information is subject to additional protection due to its sensitive nature:

  • Health information

 

Lawful bases and data protection rights

 

Under UK data protection law, we must have a “lawful basis” for collecting and using your personal information. There is a list of possible lawful bases in the UK GDPR. You can find out more about lawful bases on the ICO’s website.

Which lawful basis we rely on may affect your data protection rights which are set out in brief below. You can find out more about your data protection rights and the exemptions which may apply on the ICO’s website:

 

If you make a request, we must respond to you without undue delay and in any event within one month.

 

To make a data protection rights request, please contact us using the contact details at the top of this privacy notice.

 

Our lawful bases for the collection and use of your data

 

Our lawful bases for collecting or using personal information to subject matter expert advice, consultation, coaching, document drafting and other goods are:

  • Consent - we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
  • Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
  • Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
  • Legitimate interests - we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
    • Top provide accurate, tailored and professional advice, and tailored person centered documents.
    • Effective delivery of consultancy and subject matter expert services.
    • To Provide High Quality Coaching
    • To  provide evidence based recommendations
    • Continuity and accountability

 

For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.

 

Our lawful bases for collecting or using personal information for the prevention, detection, investigation or prosecution of crimes are:

  • Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
  • Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
  • Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
    • Protection of individuals, staff and members of the public.
    • Preventing and detecting criminal activity
    • Incident / Allegation investigation
    • Defending or pursuing legal claims.

 

 

For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.

 

Our lawful bases for collecting or using personal information for safeguarding or public protection reasons are:

  • Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
  • Public task – we have to collect or use your information to carry out a task laid down in law, which the law intends to be performed by an organisation such as ours. All of your data protection rights may apply, except the right to erasure and the right to portability.

 

Our lawful bases for collecting or using personal information to comply with legal requirements are:

  • Consent - we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
  • Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
  • Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
  • Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
    • Protection of children, young people and vulnerable adults by enabling early identification and escalation of concerns.
    • To Respond to issues or indicators of risk in a timely manner.
    • To meet legal and regulatory duties.
    • Ensure safe delivery of services.

 

For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.

 

Our lawful bases for collecting or using personal information for recruitment purposes are:

  • Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
  • Legal obligation – we have to collect or use your information so we can comply with the law. All of your data protection rights may apply, except the right to erasure, the right to object and the right to data portability.
  • Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
    • Identification of suitable candidates and subcontractors.
    • Verification of professional competence.
    • Improvement of recruitment processes.

 

For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.

 

Our lawful bases for collecting or using personal information for information updates, marketing or market research purposes are:

  • Consent - we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
  • Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
  • Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
    • Communicating relevant services to existing or potential customers.
    • Service Improvement
    • Maintaining relationships with professional networks, existing past and potential customers.

For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.

 

Our lawful bases for collecting or using personal information for dealing with queries, complaints or claims are:

  • Consent - we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.
  • Contract – we have to collect or use the information so we can enter into or carry out a contract with you. All of your data protection rights may apply except the right to object.
  • Legitimate interests – we’re collecting or using your information because it benefits you, our organisation or someone else, without causing an undue risk of harm to anyone. All of your data protection rights may apply, except the right to portability. Our legitimate interests are:
    • Ensuring Service Quality and Accountability – Data is required to understand the context of a complaint or query and in order to verify facts.
    • Protecting the organisation from legal or contractual risk – In the management of disputes NexSEND requires access to relevant records and data to demonstrate compliance with statutory duties, commissioning requirements and professional standards.  
    • Operational Necessity – Without personal data NexSEND Ltd would be unable to respond to queries or complaints.

For more information on our use of legitimate interests as a lawful basis you can contact us using the contact details set out above.

 

Where we get personal information from

  • Directly from you
  • Family members or carers
  • Other health and care providers
  • Councils and other public sector organisations

How long we keep information

 

Record type

Retention period

Notes

Client contracts and engagement letters

6 years after the engagement ends

Keep longer if there is a dispute or legal claim.

Coaching client files

7 years after the final session

Includes session notes, goals, action plans, and follow-up summaries.

Training participant records

2 years after the training ends

Includes attendance, feedback, and completion records.

Training materials and course outlines

3 years after last use

Keep updated versions where relevant.

Proposals and quotes not accepted

2 years

Useful for reference and sales tracking.

Invoices, receipts, and accounting records

7 years

Keep for tax and audit purposes.

Email correspondence linked to client work

7 years after matter closes

Archive only relevant business records.

Complaints, disputes, and claims

7years after closure

Longer if litigation is ongoing.

Marketing consent records

Until consent is withdrawn or 2 years after last interaction

Keep evidence of consent where required.

SEND related documents where individuals can be identified

7 Years

Longer if litigation is ongoing.

Subject matter expert advice

7 Years

Longer if litigation is ongoing.

Recruitment / Subcontracting Documentation of successful candidates

7 Years following end of contract

Longer if litigation is ongoing.

Recruitment / Subcontracting Documentation of unsuccessful candidates

6 Months

Longer if litigation is ongoing.

Board minutes and governance records Directors Decision Logs

Permanent

Retain as part of business history and legal record.

 

For more information on how long we store your personal information or the criteria we use to determine this please contact us using the details provided above.

 

Who we share information with

Others we share personal information with

  • Health providers (eg GPs and consultants)
  • Care providers
  • Professional advisors
  • Local authorities or councils
  • Schools
  • Organisations we’re legally obliged to share personal information with

 

 

Duty of confidentiality

We are subject to a common law duty of confidentiality. However, there are circumstances where we will share relevant health and care information. These are where:

  • you’ve provided us with your consent (we have taken it as implied to provide you with care, or you have given it explicitly for other uses);
  • we have a legal requirement (including court orders) to collect, share or use the data;
  • on a case-by-case basis, the public interest to collect, share and use the data overrides the public interest served by protecting the duty of confidentiality (for example sharing information with the police to support the detection or prevention of serious crime);
  • If in England or Wales – the requirements of The Health Service (Control of Patient Information) Regulations 2002 are satisfied; or
  • If in Scotland – we have the authority to share provided by the Chief Medical Officer for Scotland, the Chief Executive of NHS Scotland, the Public Benefit and Privacy Panel for Health and Social Care or other similar governance and scrutiny process.

 

 

How to complain

If you have any concerns about our use of your personal data, you can make a complaint to us using the contact details at the top of this privacy notice.

If you remain unhappy with how we’ve used your data after raising a complaint with us, you can also complain to the ICO.

 

The ICO’s address:           

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113

Website: https://www.ico.org.uk/make-a-complaint

 

 

 

 

Contacts

enquiries@nexsend.co.uk
(+44) 07386174816

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