Children's Services

Privacy notices for the activities carried out by Children's Services in Torbay.

These privacy notices set out how we process your personal information within the Children's Services for the following activities:

What information will we be processing?

We need to process your personal information about you including names, addresses, contact details, dates of birth, gender status, education and/or employment details, financial information and information about your lifestyle and relationships. We also need to hold some special category data including: Physical and mental health details, ethnic origin and religious and/or philosophical beliefs and your sexual orientation. We may also process data of any criminal offences committed by yourself (including alleged offences), proceedings, outcomes and sentences.

We may request and process personal information provided by other organisations including, but not limited to, other social care and safeguarding services, education providers, healthcare providers and the police.

We are the “data controller” in relation to your personal information.

Why will we be processing it?

We need to process this information about you so that you may be contacted, assessed and supported throughout the adoption process. We use your information to ensure that the safeguarding needs of any looked after children and prospective adoptees you are in contact with are met. Your information will be held for record purposes. Your financial details may be held for any expenses or payments you are entitled to.
Your information will allow us to improve the service for others and will aid in the prevention and detection of crime.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 1989
Children Act 2004
Children and Families Act 2014
Adoption and Children Act 2002 (and associated regulations such as search and inspection regulations, agency regulations and support service regulations)

Do we share your information?

If appropriate we may share your data with other organisations including, but not limited to, adoptions services and agencies, other social care and safeguarding services, education providers, healthcare providers and the police.

Information about you may be provided to us by other organisations and bodies including those listed above.

We do not trade personal data for any commercial purposes and will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

We are the “data controller” in relation to your personal information.

Why will we be processing it?

We need to process information about you so that you can be supported through the adoption process. It will be held to ensure that you are provided with appropriate care and that your safeguarding needs are met.
Your information will allow us to improve the service for others and will aid in the prevention and detection of crime.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 1989
Children Act 2004
Children and Families Act 2014
Adoption and Children Act 2002 (and associated regulations such as search and inspection regulations, agency regulations and support service regulations)

Do we share your information?

If appropriate we may share your data with other organisations and bodies, including but not limited to, adoptions services and agencies, other social care and safeguarding services, education providers, healthcare providers and the police.

Information about you may be provided to us by other organisations and bodies including those listed above.

We do not trade personal data for any commercial purposes and will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

We may need to hold information about you including your name and contact details, date of birth, gender status, family, lifestyle and social information (including next of kin details), education and/or employment details. We will also need to hold some special category data including: Physical and mental health details, your racial and ethnic origin, your religious and/or philosophical beliefs.

We are the “data controller” in relation to your personal information.

Why will we be processing it?

We need to know this information about you in order to facilitate contact between yourself and your children. This can include video and audio recordings for monitoring and safety purposes.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 1989
Children Act 2004
Children and Families Act 2014

Do we share your information?

If appropriate we may share your data with safeguarding services, the police, education providers, health services and other local authorities.

With your consent we may share data with local support groups and charities.

Information about you may be provided to us by other organisations such as other local authorities, schools, the health service and the police.

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

We are the “data controller” in relation to your personal information.

Why will we be processing it?

We need to know this information about you in order to carry out viability assessments and care reviews for the care of children. This can include assessments and reviews for children in care, long term care viability, special guardianship orders, residence orders, kinship care agreements, emergency placements etc. If you are already a parent, carer or guardian then this information will be held so that we can provide continued, suitable support for yourself and any children under your care. With your consent may also use your details communicate with you and make you aware of other services and activities in Torbay. This can include information about parental contact, respite, benefits aid and support groups. Your information will allow us to improve the service for others and will aid in the prevention and detection of crime.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 1989
Children Act 2004
Children (Leaving Care) Act 2000
Adoption & Children Act 2002 and associated regulations
Childcare Act 2006
Children and Families Act 2014
Children and Social Work Act 2017
Fostering Services (England) Regulations 2011
Care Standards Act 2000
Independent Review of Determinations (Adoption and Fostering) Regulations 2009
Care Planning, Placement and Case Review (England) Regulations 2010
The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015
The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013

Do we share your information?

If appropriate we may share your data with safeguarding services, the police, education providers, health services and other local authorities.

With your consent we may share data with local support groups and charities.

Information about you may be provided to us by other organisations such as other local authorities, schools, the health service and the police.

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

We are the “data controller” in relation to your personal information.

Why will we be processing it?

We need to process information about you so that you can be assessed and supported through the care process whilst you are a Child that is looked after by someone who is not your parent. It will be held to ensure that you are provided with appropriate care and that your safeguarding needs are met.

Your information will allow us to improve the service for others and will aid in the prevention and detection of crime.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 1989
Children Act 2004
Children (Leaving Care) Act 2000
Adoption & Children Act 2002 and associated regulations
Childcare Act 2006
Children and Families Act 2014
Children and Social Work Act 2017
Fostering Services (England) Regulations 2011
Care Standards Act 2000
Independent Review of Determinations (Adoption and Fostering) Regulations 2009
Care Planning, Placement and Case Review (England) Regulations 2010
The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015
The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013

Do we share your information?

If appropriate we may share your data with other organisations including, but not limited to, fostering services and agencies other social care and safeguarding services, education providers, healthcare providers and the police.

Information about you may be provided to us by other organisations and bodies including those listed above.

We do not trade personal data for any commercial purposes and will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

We need to hold certain information about customers and services users in order to effectively provide the services we have to deliver. For children subject to Child in Need (CIN) plans or Child Protection (CP) plans we will need to hold and process personal data about you such as your name, address, contact details, images, employment and past employment details. We may also hold full assessments of your needs including multi agency safeguarding information and may need to hold records of any court proceedings. We may need to hold physical and mental health information (including your NHS number). We will need to hold information regarding your circumstances and the reason we are working with you, this can include special category data such as details of your race and ethnic origin, your sexual orientation and life, religious or philosophical beliefs and group (such as trade union) membership and affiliations.

We are the “data controller” in relation to your personal information.

Why will we be processing it?

We need to know this information about you in order to provide you with appropriate assessment and support to ensure that all of your physical and emotional needs are met. We will also use your information to deliver a wide range of services and to support during your time in care and when leaving care.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 1989
Children (leaving care) 2000
Children and Young Persons Act 2008
Children and Social Work Act 2017

Do we share your information?

If appropriate we may share your data with safeguarding services, the police, education providers, health services and other local authorities.

With your consent, we may share data with local support groups and charities.

Information about you may be provided to us by other organisations such as other local authorities, schools, the health service and the police.

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

We receive information from the police about incidents they have attended at homes where there is a child present of school age, this information comes to us on a Child at Risk Alert (CARA). Information provided on these CARAs and held by us includes basic identifiers such as name, contact details, date of birth, school attended, but may also include details of previous incidents, criminal background and occasionally health information.

Why will we be processing it?

The CARAs are sent to us from the Police and then information is forwarded on to the child’s school to make the school aware that an incident occurred at the child’s home which the police attended. This is to enable the school to take any action they feel is appropriate to support that child or their parents / carers. The information will be processed by both the Torbay Education Safeguarding Service and the Multi-agency Safeguarding Hub (MASH).

Operation Encompass – Extended Pilot Scheme:

Operation Encompass is a police led information sharing project where information about domestic violence incidents are shared with a child’s school. The pilot scheme extends Operation Encompass to include early years settings (nurseries / childminders). This means that where there is a child under the age of 5 in a house the police will share this information with us to enable us to further share details with the early years setting that child under 5 attends. Information will also be shared with the health visiting team. The purpose is the same as above to ensure that settings are equipped with information to provide support where appropriate.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 2004
Children Act 1989
Crime and Disorder Act 1998
Guidance for working together to safeguard children 2018
Guidance for information sharing: advice for practitioners providing safeguarding services 2018
Children and Families Act 2014

Do we share your information?

Information from the CARA will be shared with the school, early years setting or health visitor.

In the event that the MASH determine that on the basis of a CARA further assessment should be carried out then information may be shared with safeguarding services, education providers, other appropriate child and adult social care teams, health services, third party and support agencies and other local authorities. Who the information is shared with will depend on the assessment required.

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

CARAs for the purpose of the Operation Encompass extended Pilot scheme will only be retained for 1 month and records against a case and evaluation will be retained for as long as the pilot is operational. Retention of these records beyond this timeframe will be reviewed at the end of the pilot scheme.

CARAs received for children aged 5 and above are retained only for academic year in which they were received.

Any information referred into the MASH is currently retained indefinitely for the purposes of the Independent Inquiry into historical sexual abuse.

What information will we be processing?

We need to hold information about you including your name and contact details, date of birth, gender status, family, lifestyle and social information (including next of kin details) and financial details. We may also need to hold some special category data including: Physical and mental health details, your ethnic origin and your religious and/or philosophical beliefs.

We are the “data controller” in relation to your personal information.

Why will we be processing it?

We need to know this information about you to ensure that we are able to continually support you and your child throughout their education and with other aspects of life. With your consent we may also use your details communicate with you and make you aware of other services in Torbay. This can include information about activity days, meetings, respite, benefits aid and support groups.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 2004
Children Act 1989
Care Act 2015
Equality Act 2010
Children and Families Act 2014
The Special Educational Needs and Disability Regulations 2014

Do we share your information?

If appropriate we may share your data with safeguarding services, education providers, health services (including the clinical commissioning group) and other local authorities.

With your consent, we may share data with local support groups and charities.

Information about you may be provided to us by other organisations such as other local authorities, schools, the health service and the police.

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

We are the “data controller” in relation to your personal information.

Why will we be processing it?

We need to process this information about you so that you may be contacted, assessed and supported throughout the fostering process. We use your information to ensure that the safeguarding needs of any looked after children you are in contact with are met. We process your information to ensure that your professional needs are met though training and support. Your information will be held for record purposes and your financial details may be held for any expenses or payments you are entitled to.

Your information will allow us to improve the service for others and will aid in the prevention and detection of crime.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 1989
Children Act 2004
Children (Leaving Care) Act 2000
Adoption & Children Act 2002 and associated regulations
Childcare Act 2006
Children and Families Act 2014
Children and Social Work Act 2017
Fostering Services (England) Regulations 2011
Care Standards Act 2000
Independent Review of Determinations (Adoption and Fostering) Regulations 2009
Care Planning, Placement and Case Review (England) Regulations 2010
The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015
The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013

Do we share your information?

Information about you may be provided to us by other organisations and bodies including those listed above.

We do not trade personal data for any commercial purposes and will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

For Child & Adult Safeguarding, Health & Safety and Risk Assessment Compliance we need to hold information such as your name and contact details, date of birth, family and genetic information, education and employment details. We will also need to hold some special category data including medical information.

We are the data controller in relation to your information

Why will we be processing it?

We need to process this information in order to fulfil our official obligations under Child & Adult Safeguarding and HSE Legislation and to fully comply with our recognised Local Authority practice standards pertaining to NNCEE regulated Child & Adult Entertainment and Employment Licensing.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws associated guidance being:

Safeguarding obligations under Children Act 1989
Practice standards pertaining to NNCEE regulated Child & Adult Entertainment and Employment Licensing

Do we share your information?

If appropriate we may share your personal information with internal and external Local Authority departments, schools, entertainment organisations and work-places for the purpose of Child and Adult Safeguarding.

We do not trade personal data for any commercial purpose and will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

Unless anonymous contact is made we may need to hold information about you such as your name and contact details. We may also need to hold information relating to your date of birth, gender status, family, lifestyle and social information, education and/or employment details. We may also need to hold some special category data including: Physical and mental health details, your racial and ethnic origin and your religious and/or philosophical beliefs.

We are the data controller in relation to your information.

Why will we be processing it?

We need to know this information to ensure that the appropriate action is taken in respect to safeguarding. We may need to contact you again if there are further concerns or if clarification is needed. We will need to record any allegations and descriptions of situations surrounding them. With your consent you may be contacted in future to give further information or testimony. Your information will allow us to improve the service for others and will aid in the prevention and detection of crime.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 2004
Children Act 1989
Crime and Disorder Act 1998
Guidance for working together to safeguard children 2018
Guidance for information sharing: advice for practitioners providing safeguarding services 2018
Children and Families Act 2014

Do we share your information?

If appropriate we will share your data with other child safeguarding services, this may include the police.

Information about you may be provided to us by other organisations such as other local authorities, schools, the health service and the police.

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

We need to hold certain information about customers and services users in order to effectively provide the services we have to deliver. If you child is open to Children’s Services, is the subject of a referral or is associated with someone who is then we may need to will need to hold and process personal data about you such as your name, address, contact details, images, employment and past employment details. We may also hold full assessments of you and your child’s needs including multi-agency safeguarding information. We may need to hold physical and mental health information (including your NHS number). We will need to hold information regarding your circumstances and the reason we are working with you, this can include special category data such as details of your race and ethnic origin, your sexual orientation and life, religious or philosophical beliefs and group (such as trade union) membership and affiliations.

We are the “data controller” in relation to your personal information.

Why will we be processing it?

We need to know this information about you in order to provide you with appropriate support and to ensure that all of your child’s physical and emotional needs are met. We will also use your information to deliver a wide range of services and to support you when leaving care.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 1989
Children (leaving care) 2000
Children and Young Persons Act 2008
Children and Social Work Act 2017

Do we share your information?

If appropriate we may share your data with safeguarding services, the police, education providers, health services and other local authorities.

With your consent, we may share data with local support groups and charities.

Information about you may be provided to us by other organisations such as other local authorities, schools, the health service and the police.

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information do we need?

Torbay Council needs to hold certain personal information about you in order for the Point of You feedback service to carry out its role. We need to hold information such as your name, email address, phone number, postal address and age. This information will be collected when you contact us either by text message or email.

Torbay Council is what’s known as the ‘Data Controller’ for the personal data you provide to us, and we are registered with the Information Commissioner’s Office.

Access to your personal data is restricted to senior managers, the Learning Academy, and auditors for the purpose of improving practice and responding to feedback.

Why we need it?

We need to know this information about you in order to gather your thoughts, feelings and opinions of our service and be able to respond to you if requested. By collecting your feedback we are making sure that we learn and improve our ways of working to benefit all children, young people and their families.

Our lawful basis for processing your information is your consent.

You can withdraw your consent at any time, although in some circumstances we may need to keep processing your personal data or pass it on to another department.

Do we share your information?

We will share your personal data with internal colleagues and may also share it with partners and other agencies if your query requires a follow up or a response. In most cases the information shared will be anonymous, meaning that you can’t be identified easily. Examples of when we may share information anonymously would be to support an audit process or to identify trends and patterns. An example of where we may share your personal data in full is if there is a safeguarding concern.

Outside of the above we will only disclose your personal information to someone else if we have a lawful basis to do so.

How long do we keep your information?

The Point of You service will hold your personal data for 6 months after an enquiry has been responded to, and any identified actions have been taken. after which time it will be securely destroyed.

If an allegation is made or a safeguarding risk is raised within the feedback collected, the message will be shared with the Multi Agency Safeguarding Hub (MASH) team and archived once we have received confirmation of receipt from the team. This personal data will be held in archive for 6 months after we have received a response from the MASH team.

Key themes from the feedback will be anonymised and tracked on a secure spreadsheet to ensure that the correct follow up action has been taken and to demonstrate impact of the service.

What are your rights?

At any time you can request to have a copy of the information Torbay Council holds about you, and if you feel the information we process about you is incorrect you can request to have it corrected or deleted. If you wish to exercise any of your rights please contact infocompliance@torbay.gov.uk or see our Information Right’s Policy which is available at www.torbay.gov.uk

You can contact our Data Protection Officer by emailing infocompliance@torbay.gov.uk

If you are not happy with the way the Council has handled your personal information, please contact us so that we deal with your complaint. However, you can also raise a complaint with the Information Commissioner’s Office, contact details can be found on their website www.ico.org.uk

What information will we be processing?

We may need to hold information about you including your name and contact details, date of birth, family and genetic details, lifestyle and social information. We may also require information regarding your education and/or employment and networking and relationship details. We may need to hold some special category data including: Physical and mental health details, your racial and ethnic origin and your religious and/or philosophical beliefs.

We may request and process personal information provided by other organisations and bodies including, but not limited to, Torbay Children’s Services, other social care services, education providers, healthcare providers and the police.

We are the 'data controller' in relation to your data.

Why will we be processing it?

If you have been referred to Children’s Services (or referred yourself) then we will need to know this information about you so that you can be supported through any processes that may follow. Your information will be held to ensure the provision of appropriate care and make sure that any safeguarding needs are met. Your information will allow us to improve the service for others and will aid in the prevention and detection of crime.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 2004
Children Act 1989
Crime and Disorder Act 1998
Guidance for working together to safeguard children 2018
Guidance for information sharing: advice for practitioners providing safeguarding services 2018
Children and Families Act 2014

Do we share your information?

If appropriate we may share your data with safeguarding services, Ofsted, education providers, other appropriate child and adult social care teams, health services, third party and support agencies and other local authorities.

Information about you may be provided to us by other organisations such as other local authorities, schools, the health service and the police.

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information do we need?

If you are referred to Supporting Families in Children’s Services for support, we will hold information about you including your name and contact details, date of birth, details about your family, employment status and any criminal background or proceedings. Most of this information is provided by other organisations who will refer families to us if it felt the threshold for support is met.

Why we need it?

If you have been referred to Children’s Services (or referred yourself) then we will need to know this information about you so that we can co-ordinate, evaluate and provide appropriate services to support you and your family.

Our lawful basis for processing your personal data, including any special category data, is “legal obligation” under:

Children Act 2004
Children Act 1989
Working Together to Safeguard Children 2018

Do we share your information?

If appropriate we may share your data with safeguarding services, Ofsted, education providers, health organisations, police, youth offending teams, probation, criminal justice services, registered social landlords, Department for Work and Pensions, housing associations, child and adult social care services, third sector organisations and support agencies and other local authorities.

Information about you may be provided to us by other organisations such as other local authorities, schools, the health service and the police.
We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We will keep your data for this purpose for 10 years after the closure of service provision.

What information do we need?

We need to hold information collected for the purpose of allocating and offering school places for children. We will need to collect information such as your name and contact details, details about your child including their name, date of birth and any other information which may support your application for a school place, for transport of for free school meals, which could include information about your child’s health.

Why we need it?

We need this information so that we can deliver services to you, allocate a school place and determine eligibility for school transport or free school meals.

Our lawful basis for processing yours and your child’s personal data is legal obligation.

Our lawful basis for the processing of any health information is that this is necessary for the performance of a task carried out in the substantial public interest.

Do we share your information?

We will share your information with schools, other local authorities and the Department of Education for the purposes of allocating a school place and confirming an allocation, or to determine and confirm eligibility for school transport and/or free school meals. We do not trade personal data for any commercial purpose and will only disclose your personal information if we have a lawful basis to do
so (as above) or if we have your consent.

How we will store your information?

We will hold your information on a secure electronic database and we will stop using your data upon completion of the relevant service.

Your personal information will not be subject to any overseas transfers.

How long do we keep your information?

Your data will be deleted 25 years after we stop using it.

What information will we be processing?

We will process personal information provided by you about you and your child(ren) including names, addresses, contact details, dates of birth, identification reference numbers (e.g. Unique Pupil Number (UPN), NHS number etc.) and gender status. We may also need to hold some special category data including: Physical and mental health details, in order to, in order to identify and meet individual needs. And, we may need special category data including: ethnic origin and religious and/or philosophical beliefs.

We are the 'data controller' in relation to your data.

Why will we be processing it?

The Special Educational Needs and Disabilities Service (SEND) will use the data to identify your child’s SEND needs and ensure that the required support is identified. It will be used to determine whether a Statutory Assessment is required and may help inform the outcome of this. The SEND Code of Practice explains who we must ask for advice when carrying out an EHC needs assessment. If appropriate the data will help to formulate, review and monitor your child’s progress against Education, Health and Care Plans (EHCPs).

Your information will allow us to improve the service for others through Quality Assurance. As part of our quality assurance process, we undertake regular auditing of EHCP’s, Annual Reviews and Amended plans, this helps us to improve our service. Our auditing work is undertaken internally and externally, with colleagues such as, Education, Health and the Community and Voluntary sector. All those who participate in the auditing process, will sign a confidentiality agreement.

The Special Educational Needs and Disabilities Service (SEND) use data for statutory returns. This data sharing underpins school funding, educational attainment policy and monitoring and enables Government to; produce statistics, assess our performance, determine the destinations of young people after they have left school or college and to evaluate Government funded programmes.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(c) processing is necessary for compliance with a legal obligation to which the controller is subject

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

Article 9(h) processing is necessary for the purposes of the provision of health or social care or treatment or the management of health or social care systems and services

These laws being:

Children Act 2004
Children Act 1989
Education Act 1996
Care Act 2015
Equality Act 2010
Children and Families Act 2014
The Special Educational Needs and Disability Regulations 2014
Mental Capacity Act 2005
The Education (Information About Individual Pupils) (England) Regulations 2013

At the beginning of the EHC assessment process we believe its good practice to gain parental or carer consent for the sharing of this data, however this is not necessary to begin assessment.

Educational providers are covered under their own GDPR, privacy notices, policies and procedures.

Do we share your information?

If appropriate we may share your data with other organisations and bodies including, but not limited to, Torbay Children’s Services, other social care services, education providers, alternative provision, healthcare providers, Government departments and the police.

Information about you may be provided to us by other organisations and bodies including those listed above

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information do we need?

We need to hold certain information about its customers and services users in order to effectively provide the services we have to deliver. For the Virtual School we need to hold information such as the school you attend, your attendance, your academic attainment and any exclusions you may experience.

Why we need it?

We need to know this information about you in order to fulfil the statutory duty placed on the Virtual School Head teacher (VSH) to have systems in place which track and monitor educational data for every looked after child. This enables the VSH to submit attainment data for the school to OFSTED, the Department for Education, the Corporate Parenting Board and the Virtual School Governing Body.

Our lawful basis for processing your personal data is 'legal obligation' under the Children Act 1989 and the statutory guidance 'promoting the education of looked after children and previously looked after children'.

Do we share your information?

We will share your contact details with Welfare Call Limited in order for them to monitor your attendance and give us your daily school attendance.

We share information about year groups or Key Stages as a whole with the Corporate Parenting Board and the Virtual School Governing Body.

Information about you may be provided to us by other organisations such as other local authorities, schools, the health service and the police.

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so

How long do we keep your information?

From age 5 to 16 we will keep your academic data after which time it will be securely destroyed.

What information do we need?

We need to hold information such as your name and contact details, date of birth, family and genetic information, education and employment details.

Why we need it?

We need to know this information to ensure that the child being employed is working in accordance with regulations.

Our lawful basis for processing your personal data is ‘task carried out in the public interest'. It is necessary for us to carry out our official functions under:

Employment of Children 1998 Byelaws
Children and Young Persons Act 1933
Children (Protection at Work) regulations 1998 & 2000

We are the “data controller” in relation to this data.

Do we share your information?

If appropriate we may share your personal information with internal and external Local Authority departments, schools and work-places for the purpose of Child and Adult Safeguarding.

We do not trade personal data for any commercial purpose and will only disclose your personal information if we have a lawful basis to do so, for example for the prevention and detection of crime, or if we have your consent.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

We need to hold information about you including your name and contact details, date of birth, gender status, family, lifestyle and social information, education and/or employment details. We will also need to hold some special category data including: Physical and mental health details, your racial and ethnic origin, your religious and/or philosophical beliefs, any criminal offences (including alleged offences), proceedings, outcomes and sentences.

We are the data controller in relation to your data.

Why will we be processing it?

We need to know this information about you to ensure that you can be identified and given appropriate support as a young carer. With your consent may also use your details communicate with you and make you aware of other services in Torbay. This can include information about respite, benefits aid and support groups. Your information will allow us to improve the service for others and will aid in the prevention and detection of crime.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is your “explicit consent” or the “explicit consent” of your parent or carer if you are under the age of 13.

Do we share your information?

If appropriate we may share your data with safeguarding services, education providers, health services and other local authorities.

With your consent, we may share data with local support groups and charities.

Information about you may be provided to us by other organisations such as other local authorities, schools, the health service and the police.

We do not trade personal data for any commercial purpose and we will only disclose your personal information if we have a lawful basis to do so.

How long do we keep your information?

We are currently retaining records relating to children’s services indefinitely as required by the Independent Inquiry into Child Sexual Abuse (IICSA).

What information will we be processing?

We need to hold certain information about customers and services users in order to effectively provide the services we have to deliver. For the prevention of offending we need to hold information about you such as your name, address, contact details, images, bank details, employment and past employment details. We will hold a full assessment of your needs including multi agency safeguarding information and risk assessments, this will include criminal records and proceedings, physical and mental health information (including your NHS number). We will need to hold information regarding your circumstances relating to the reason we are working with you, this can include details of your sexual orientation and life, religious or philosophical beliefs and group (such as trade union) membership and affiliations.

We are the data controller in relation to your information.

Why will we be processing it?

We need to know this information about you for the prevention of offending under the Crime and Disorder Act 1998.

What is our lawful basis?

Our lawful basis for processing your personal and special category data is that is a task carried out in the public interest outlined in the General Data Protection Regulation as:

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued.

These laws being:

Children Act 1989
Children Act 2004
Children and Families Act 2014
Crime and Disorder Act 1998
Offender Management Act 2007

Do we share your information?

We do not trade personal data for any commercial purpose, however under section 115 of the Crime and Disorder Act 1998 and section 14 of the Offender Management Act 2007 can be required, at times, to disclose and share your information with our partners in Police, healthcare, social care services and community safety.

Dependent on the reasons we are working with you we may have to disclose information under public protection. The information shared may change dependent on your circumstances.

Outside of the above we will only disclose your personal information if we have a further lawful basis to do so, for example for the prevention and detection of crime, or if we have your consent.

How long do we keep your information?

For Data Protection purposes, we are required to hold your personal data for up to 5 years, after which time it will be securely destroyed.

This page was last updated over three months ago