Children and Young People - privacy notice

Who we are

Derby City Council is the local government unitary authority for Derby vity. Our address is The Council House, Corporation Street, Derby, DE1 2FS. You can contact our Data Protection Officer on 01332 640763 or by email at data.protection@derby.gov.uk.

How do we collect information from you?

We collect information from you when you visit www.derby.gov.uk, when you fill in any forms using our customer portals or on our website, including myAccount; also when you contact us in writing, speak to us on the phone, by email or any other type of electronic communication, or talk to us face to face. We may collect information from a setting you attend, such as a school or care home, where this data collection is necessary for the following purposes listed.

What types of information do we collect from you?

We collect different categories of information about you, depending on the service you want from us and/or the reason why we need to process information relating to you. This could be personal information (for example your name and address), or other more sensitive data that we would only collect and use in very particular circumstances that are set out in law.

Details of information obtained from third parties?

We receive information, referrals and advice, which include personal data, from a wide range of partners including public sector organisations such as health services, GPs, schools, and other educational settings, emergency services, the Disclosure and Barring Service (DBS) and the Probation Service.

We also receive similar information from voluntary and third sector organisations such as care providers; voluntary adoption agencies, youth groups, and charities. We also receive similar information from members of the public.

We do not routinely collect personal information from publicly accessible sources.

How is your information used?

Depending on the service you have requested or need from Children and Young People’s Services, we may use your information, together with other information you have given us to, or that we hold to:

• assess any potential risk to your health, development and wellbeing in line with our Safeguarding Children duties and our duties to children or young people with Special Educational Needs and Disabilities.
• arrange any necessary support you may need
• provide you with information and guidance, and to signpost you to other support services.
• refer you to other support services, or, with your consent to external agencies and voluntary services
• refer eligible families to Family Group Conferencing Services to provide support
• assess your eligibility for support from our services, including Short Breaks, Community and Home Support, Educational Psychology, Direct Payments etc.
• develop support plans, which are often multi-agency
• to enable us to understand your needs and work with you to achieve outcomes of any support plans that we put in place
• allocate school places
• help you to find suitable childcare provider(s)
• provide support to help you access and maintain your required education, including the monitoring of educational attendance and exclusions
• to determine eligibility of pupils to continue attending educational provision during periods of government mandated school closures
• to assess and track the attendance and engagement of vulnerable pupils during the COVID-19 pandemic
• to inform the Personal Education Plan (PEP), and ensure everything is in place for your child to achieve the educational outcomes that they are capable of
• to determine the school’s eligibility to apply for Pupil Premium Plus, or other funding to help them to provide any necessary support.
• to fulfil our obligation to keep a register of Childcare Providers
• to fulfil our obligation to keep a record of all School Governors within the City
• enable us to supervise a young person whilst on Bail Support Programmes
• set up, pay, monitor and administer payments in accordance with your agreed support plan
• complete a financial assessment and assess support that you may be eligible to receive, such as Direct Payments, Home to School Travel Assistance, Adoption Allowance, funding for free school childcare and suchlike.
• provide home to school transport for eligible children and young people to enable them to access education
• secure funding for support that you are receiving or may be eligible to receive in the future, from either the Council or other agencies
• process any payments or charges, including the issuing of a pre-paid card
• identify and monitor families with multiple and complex needs under the National Supporting Families Programme; and assess the quality and effectiveness of services they are receiving
• to assess your suitability, provide support, guidance and supervision to you if you are acting as a Foster Carer, or other Carer for us
• to assess your suitability, provide support and guidance of we are involved with you due to your role as a prospective, or approved Adopter
• to monitor and track recruitment and progression of Foster Carers, or prospective Foster Carers, as well as prospective Adopters, or Approved Adopters
• to, with consent from both parties, facilitate contact with a child who has previously been adopted.
• complete LADO Investigations, and informing decisions regarding any action to be taken
• carry out our obligations arising from any contracts entered into by you and us.
• notify you of changes to our services.
• contact you about attending meetings, participating in consultations and involvement in activities
• send you communications via letter, email, phone and SMS which you have requested and that may be of interest.
• evaluate the service or for research purposes to better understand the impact of services.
• fulfil our legal obligations under relevant legislation including, but not limited to:
  • the Children Act 1989 (2004 updated)
  • the Family Law Act 1996
  • Working Together to Safeguard Children 2015
  • the Education Act 1996
  • Education and Skills Act 2008
  • School Admissions Code of Practice 2014
  • School Standards and Framework Act 1998
  • Special Educational Needs and Disabilities (SEND) Code of Practice 2014
  • Troubled Families Financial Framework
  • the Local Authority Social Services and National Health Service complaints (England) regulations 2009
  • the Civil Contingencies Act 2004
  • the Equality Act 2010
  • Human Rights Act 1998
  • the School and Early Years Finance (England) Regulations 2017
  • Child Care Act 2006
  • the Southwark Legislation for CiN and Young Homeless 16 and 17 year olds
  • Care Planning, Placement and Case Review (England) Regulations 2010
  • the Children and Families Act 2014
  • the Children and Social Work Act 2017
  • the Health and Social Care Act 2012
  • the Crime and Disorder Act 1998
  • Criminal Justice Act 2003
  • Sentencing and Punishment of Offenders Act 2012
  • Adoption and Children (Coronavirus) (Amendment) Regulations 2020
  • and contained in the regulations and guidance that sit behind them.
• to provide home to school transport for eligible children and young people to enable them to access education

The adoption services for Derby City Council, Derbyshire County Council, Nottingham City Council and Nottinghamshire County Council (D2N2) have joined together to form a Regional Adoption Agency (RAA).

This Regional Adoption Agency is part of a larger partnership for adoption services across the East Midlands called Adoption East Midlands. For further information on how adoption data is processed please visit: https://www.adoptioneastmidlands.org.uk/privacy.

COVID-19/Coronavirus

Coronavirus has been added as a notifiable disease under the Health Protection (Notification) Regulations 2010. Under the Public Health (Control of Disease) Act 1984 and associated Regulations; the Council has a legal duty to store, process and share personal information. The information will be stored, processed and shared as part of investigations into COVID-19 cases and outbreaks and issues of non-compliance with the acts and associated regulations. The information will also be used; interrogated and mapped to inform the Councils actions and decision-making processes. Any such storage, processing or sharing of information will be done in the public interest in order to promote health and wellbeing.

During the investigation of cases and/or outbreaks of Coronavirus, information which is gathered may be shared between departments within Derby City Council; with other Councils associated with an outbreak; other health services or with other government bodies associated with the control of the Coronavirus. The Council has a duty to notify national Government bodies, such as the UK Health Security Agency and the relevant local authority where an individual resides (if different), where there are suspected Coronavirus cases. The Council will disclose the information under Article 9(2)(j) of the UK GDPR (processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health), and confidential information may be lawfully disclosed in the public interest, without consent, where the benefits to an individual or to society outweigh both the individual’s and the public interest in maintaining the confidentiality of such data.

The Council may contact staff, service users, residents, patients, businesses and premises with messages relating to Coronavirus by text, phone, letter or email. This contact is not direct marketing; therefore we do not need your Consent before contacting you. There is more information available on the Information Commissioners Office's website.

Research and statistics

Anonymised and pseudonymised data may be used for research and statistical purposes. Any data collected may be used for research and statistical purposes that are relevant and compatible with the purpose that the data was collected for.

Who has access to your information?

The information you provide may be shared across other sections within the Children and Young People’s Service, such as Children’s Social Care, Early Help Service, Vulnerable Learners Service, Admissions, Integrated Commissioning, Youth Services (Connexions), Children’s Centres, Youth Offending Service, Quality Assurance and so on.

The information you provide may also be shared across other departments in the Council, including, but not limited to, Business Intelligence, Legal Services, HR and Adult’s Social Care. This is so that we can meet our statutory obligations that we have to our children and young people.

The adoption services for Derby City Council, Derbyshire County Council, Nottingham City Council and Nottinghamshire County Council (D2N2) have joined together to form a Regional Adoption Agency (RAA). This Regional Adoption Agency is part of a larger partnership for adoption services across the East Midlands called Adoption East Midlands. We may share information with our D2N2 adoption partners. For further information on how adoption data is processed please visit the Adoption East Midlands Privacy Statement.

Foster for East Midlands is a partnership between Derby City Council, Derbyshire County Council, Nottingham City Council and Nottinghamshire County Council. The partnership aims to recruit new foster carers to foster for one of the four councils. Derby City Council is the host for the partnership. We may share information with our D2N2 fostering partners. For further information on how foster data is processed, please visit the Foster for East Midlands privacy statement.

The information you provide may be shared with other professionals who may or may not be involved with you for similar purposes. This can include professionals such as Schools or other Educational Settings, Police, your GP, District Nurses, Looked After Children Designated Nurses, Community Midwives and Health Visitors, Physiotherapists, Occupational Therapists (NHS, commissioned privately or in partnership with Nottingham City Council) or other NHS professional. This is so that we can ensure that we are all working together to achieve the best outcomes for our children and young people. Further information on how health organisations process your information can be found on NHS Digital's website and from Public Health England.

We may share your information with health colleagues through NHS Digital’s Child Protection Information Sharing System (CP-IS). You can read NHS Digital’s Privacy notice. Through CP-IS, your information may be shared with:

• Emergency departments
• Minor injury units
• Walk in centres
• GP out of hours services / 111
• Unscheduled access to paediatric wards
• Unscheduled access to maternity units
• Ambulance services
• Unscheduled and scheduled mental health care settings
• Unscheduled sexual health care settings
• Unscheduled and scheduled dental care settings
• School nurses and health visitors
• Community paediatrics

We may share your information with the Ofsted, the Care Quality Commission (CQC) and Derby Safeguarding Children Board, so that they can inspect and monitor the quality of services we are providing.

You can read:

• Ofsted's Privacy Notices
• the CQC Privacy Notice
• the Derby and Derbyshire Safeguarding Children Board’s Privacy Notice

Other Statutory agencies that we may share your information with, due to our legal obligations to do so, are:

• the Department for Education (DfE)
• the Youth Justice Board
• Adoption and Special Guardianship Leadership Board (ASGLB)
• the Ministry for Housing
• Communities and Local Government (DCLG).

We may share your information with HM Revenues and Customs, to help us check that any financial assessments are correct and to help detect and prevent fraud. The information you provide may also be shared with other departments in the Council for the purpose of preventing and detecting fraud, or the misuse of public funds, or for any legal or statutory requirements. It may also be shared with other public bodies such as The Court of Protection and The Cabinet Office for a similar purpose.

The information you provide may also be shared with healthcare commissioning services (such as Clinical Commissioning Groups (CCGs), or Continuing Healthcare Manager), to be used to help improve the planning of health, social care and education services generally.

The information you provide may be shared (in some cases anonymously) with authorised third parties to help evaluate our services or for research purposes to better understand the impact of services. This includes but is not limited to the East Midlands Local Authorities Regional Group.

The information you provide may also be shared with healthcare commissioning services (such as Clinical Commissioning Groups (CCGs), or Continuing Healthcare Manager), to be used to help improve the planning of health, social care and education services generally. The information you provide may be shared anonymously with authorised third parties to help evaluate our services or for research purposes to better understand the impact of services.

We may share information provided in respect of a request for an education, health and care plan (EHCP) with an external plan writing agency, Enhance EHC, as part of a contractual arrangement with the City Council to write EHCPs on our behalf.

We may share your information with our various System Providers. This information is shared in a controlled way and only for specific support purposes.

Details of eligible children and young people will be shared with our database solution provider, Trapeze Group UK; this is for the purpose of planning and delivering home to school travel assistance services only.

If we agree to issue you with a Pre-Paid Card, your information will be shared with the card provider, AllPay Ltd, and with their data processors Carta Worldwide and their data facility providers JCC Payments Systems Ltd.

We may share information with our D2N2 adoption partners.

We may share your information with third party Service Providers, such as Foster Carers, Residential Homes, Support Providers for specific needs etc, if this is necessary in line with our legal obligations and/or in completion of our public task e.g. to locate placements, and to review suitability of that placement.

With your permission we may also make referrals, on your behalf, to charities or other voluntary or not for profit organisations if we feel that these would be beneficial.

We may share your information with Family Group Conferencing services provided by an external third party, if we feel this service will be beneficial to provide support with the aim of preventing further intervention being required.

We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.

What are your rights?

• Access – you can request copies of any of your personal information that is held by the Council.
• Rectification – you can ask us to correct any incorrect information.
• Deletion – you can ask us to delete your personal information. The Council can refuse to delete information if we have a lawful reason to keep this.
• Portability – you can ask us to transfer your personal data to different services or to you.
• Right to object or restrict processing – you have the right to object to how your data is being used and how it is going to be used in the future.
• Right to prevent automatic decisions – you have the right to challenge a decision that affects you that has been made automatically without human intervention, for example an online form with an instant decision.

National Data Opt Out

We are one of many organisations working within health and social care to improve health and wellbeing for patients as well as the public. Information collected from you when you use our services may be stored and shared with services or partner organisations for purposes other than your individual care, for instance to help with:

• Improving the quality and standards of care provided
• Research into the development of new treatments
• Preventing illness and diseases
• Monitoring safety

This may only take place when there is a clear legal basis to use this information. Confidential information about your health and care will only be used in limited circumstances where it is not possible to use anonymised data.

You have a choice about whether you want your confidential information to be used in this way. If you are happy for your information to be used in this way you do not need to do anything. If you do choose to opt out your confidential patient information will still be used to support your individual care.

For more information or to register your choice to opt out please visit https://www.nhs.uk/your-nhs-data-matters/. You can choose to opt in at any time.

Please be aware that the National Data Opt Out does not apply to information used for marketing purposes, your data would only be used in this way with your specific agreement.

All Health and Social Care organisations should have systems and process in place so they can be compliant with the national data opt-out and apply your choice to any confidential patient information they use or share for purposes beyond your individual care.

Our organisation is compliant with the national opt out policy.

How long will we keep your information for?

We keep and dispose of all records in line with our record retention schedule. We will comply with Data Protection legislation.

What security precautions are in place to protect the loss, misuse or alteration of your information?

We are strongly committed to data security and will take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard the information you provide to us. However, we cannot guarantee the security of any information you transmit to us. We recommend that you take every precaution to protect your personal information.

Keeping your data up to date

We want to ensure any information we hold is accurate. You can help us by promptly informing us of any changes to the information we hold about you.

Details of any automated decision processes

There are no automated decision processes used in Children and Young People’s Services.

Under 13

If you are accessing online services and are under the age of 13‚ please ask for your parent/guardian's permission beforehand whenever you provide us with personal information.

Cookies

Cookies are small text files which identify your computer to our servers. They are used to improve the user experience. View what cookies we use and how you can manage them.

IP addresses

Internet Protocol (IP) addresses are collected when our site is used:

• for statistical/analytical purposes
• to identify any malicious activity.

Complaints

If you would like to make a complaint regarding the use of your personal data you can contact our Data Protection Officer:

• By post: Information Governance, Council House, Corporation Street, Derby, DE1 2FS
• By phone: 01332 640763
• By email: data.protection@derby.gov.uk

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner's Office (ICO):

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

Alternatively, visit ico.org.uk or email casework@ico.org.uk.