Privacy Notice - Children and Families and Justice Social Work Services

Privacy Notice

Who will process my information?

The personal information you provide to us or we collect about you (your information) will be processed by East Dunbartonshire Council.

Why will my information be processed?

Your information will be processed by East Dunbartonshire Council so we can provide you with a social work service if appropriate and fulfil a range of statutory duties of EDC in relation to Child And Public Protection. We provide our social work services through East Dunbartonshire Health & Social Care Partnership (HSCP). The Council remains responsible for controlling your data.

These social work services include:

• Advice and Response
• Child Protection, Adult Support and Protection and Public Protection
• Alcohol and Drug Services
• Assessment
• Care Planning
• Looked After Children’s Services
• Accommodate Children’s Services
• Children with Disability
• Community Justice
• Criminal Justice
• Prison Throughcare
• Youth Justice
• Throughcare
• Aftercare
• Individual and Groupwork
• Fostering
• Adoption
• Kinship Care
• Continuing Care
• Community Support
• Residential Child Care
• Prison based Social Work Services

If the Council has been given your information by another person or organisation, for example Education, GP or Police Scotland, we will process your information in the same way as if you had given us it yourself..

What sort of information will you process?

As well as identifying information, such as your name, age and contact details, we will also process information which is sensitive in nature. This will include information about your health, heritage, beliefs, and sexual orientation. We do this so that we can provide you with support in a form and manner which is respectful of your personal characteristics.

Who will have access to my information?

Your information will only be accessed by employees who are involved in providing you with a social work service. This includes Council staff based in the Contact Centre and Hubs in addition to those in the HSCP. Under the Public Bodies (Joint Working) (Scotland) Act 2014, some staff employed by NHS Greater Glasgow & Clyde within the HSCP will have limited access to your social work service record

Who might my information be shared with?

Your information might be shared with

• Your power of attorney, guardian or representative if you have one
• Scottish Children’s Reporter’s Administration
• Scottish Courts
• Scottish Prison Service
• Healthcare professionals employed within the HSCP
• Your GP and other healthcare professionals employed or contracted by NHS Greater Glasgow & Clyde
• Independent service providers commissioned to provide services on behalf of the Council/HSCP
• Other Council services
• Glasgow & Partners Emergency Social Work Service
• Other local authorities
• Housing providers
• Other providers of goods and services
• The Care Inspectorate
• The Office of Public Guardian
• The Mental Welfare Commission for Scotland
• Scottish Public Service Ombudsman
• Police Scotland
• Scottish Fire & Rescue
• UK Benefits Agency
• The Parole Board For Scotland
• Multi Agency Public Protection Arrangements
• Protection of Vulnerable Groups
• Governmental Departments

Why does the Council share my information with these people or organisations?

Your information will always be shared with these people and organisations on a “need to know” basis. This is so we can assess your needs and your eligibility for a social work or social care service, and thereafter so we can provide you with the most suitable services to support and protect you or your child, and meet your needs. Specific details about who your information will be shared with, and why, will be discussed with you, and included in any care, support and/or protection plan you may have. In certain cases we are required to share information with Police Scotland, Scottish Prison Service, The Parole Board and Scottish ministers in respect of our responsibilities for the management of offenders and the prevention and detection of crime.

Your Information may also be shared with such people if we are required by law to provide such information to them, or if required for statistics and research purposes.

How do you keep my information safe when you share it with other organisations?

To make sure we are sharing your information safely and securely with other organisations, we have agreed information-sharing protocols or memorandums of understanding with them. For example, details of the information sharing protocol between East Dunbartonshire Council and Greater Glasgow and Clyde Health Board can be found on the NHSGGC website [opens in a new window].

For commissioned services, details of how we share your information will be included in our contracts with them

The use of your information is necessary to allow the Council to fulfil its legal obligations under the following legislation, as appropriate to your circumstances:

• S.12 of the Social Work (Scotland) Act 1968. This contains the Council’s general duty to assess your social needs and, where appropriate, arrange for relevant services to support you.
• Adults with Incapacity (Scotland) Act 2000. This Act requires the Council to ensure your welfare if you have lost decision-making capacity, and to share your information with anyone who has proxy decision-making powers for you under the Act, such as a power of attorney or guardian.
• Regulation of Care (Scotland) Act 2001. This Act requires the Council to keep and share your information with the Care Inspectorate when you are receiving social care services provided or commissioned by the Council/HSCP.
• Mental Health (Care & Treatment) Scotland Act 2003. This Act requires the Council to provide a mental health officer service when you require care and/or treatment for a mental disorder.
• Adult Support & Protection (Scotland) Act 2007. This Act requires the Council to make inquiries where it is known or believed you are an adult at risk of harm, and to intervene if necessary to protect your wellbeing, rights and property.
• Carers (Scotland) Act 2016. This Act requires the Council (and other organisations) to offer adult carers a support plan.
• Public Finance and Accountability (Scotland) Act 2000: The Council may have to disclose personal information to Audit Scotland for data matching purposes in order to prevent and detect crime and fraud.
• Local Government (Scotland) Act 1973: The Council must make arrangements for the proper administration of our financial affairs and prevent and detect fraud.
• A full and detailed list of legislation governing Children and Families and Justice Services is attached.

The Council also has to process your information to carry out the following task in the public interest:

• prevention and detection of fraud in relation to the administration of public funds

Details of how long we will keep your information

East Dunbartonshire Council uses the Scottish Council on Archives Records Retention Schedules (SCARRS) to manage the amount of time the Council keeps information. Further information on these can be found on the. Scottish Counciul on Archives website.

Your information will kept for a minimum period of time after you last receive a service from us. How long we keep your information varies depending on the type of service you receive from us and the legislation we are acting under. The main record categories and how long we will keep your information for are as follows:

Children and Families Social Work Services

Retention schedule reference number	Retention period		Name of asset
02.001.006	10 years		Carer and adopters assessment criteria records
02.001.002	1 year from date of acceptance		Council registration as an adoption/fostering service
02.001.003	6 years		Certificate of registration
02.001.004	100 years		Register of Looked After and Accommodated Children
Register of "looked after" children	5 years		Register of Looked After Children
02.001.006	10 years		Carer and adopters assessment criteria records
02.001.007	5 years		Carer training programme records
02.001.008	1 year		Case file - Pre-approval carers and adopters - initial enquiry
02.001.009	1 year		Case file - Pre-approval carers and adopters - initial interview only -no concerns
02.001.010	10 years		Case file - Pre-approval carers and adopters - initial interview only - concerns
02.001.011	10 years		Case file - Pre-approval carers and adopters - background preparation only
02.001.012	25 years		Case file - Pre-approval carers and adopters - not approved/withdrawn
02.001.013	25 years		Case file - Approved carers
02.001.014	25 years		Case file - Kinship carers
02.001.015	25 years		Case file - Prospective adopters - no adoption order
02.001.016	100 years		Case file – Adopters
02.001.017	5 years		Case file - Private fostering
02.001.018	100 years		Case file - adopted children
02.001.019	100 years		Indexes to adoption case files
02.001.020	5 years		Case file - Approved befrienders
02.001.021	1 year		Case file - Pre-approval of Befrienders - not approved/withdrawn
02.002.001	35 years		Case file - Child investigated and placed on Child Protection Register
02.002.002	5 years		Case file - Child investigated but not placed on Child Protection Register
02.002.003	100 years		Child Protection Register records
02.004.001	100 years		Case file - Looked after children, including children freed for adoption but not adopted, fostered children and children on a Residential Supervision Requirement
02.004.002	75 years		Case file - Throughcare and aftercare
02.007.001	6 years		Service file - Residential home/Home Care Service management records - major records
02.007.002	2 years		Service file - Residential home/Home Care Service management records - minor records
02.007.003	3 years		Notification records from a residential home to the Care Inspectorate
02.007.004	Transfer to archive for permanent retention		Children's home register.
02.010.001	2 years		Case file - Missing children who do not come under any other category
02.010.002	5 years		Case file - Children and families not included in any other case file categories
02.010.005	10 years		Case file - Matrimonial proceedings
02.010.006	100 years		Case file - home supervision
02.012.001	25 years		Records of training provided to individuals working with children and young people Justice Social Work Services
02.013.001	25 years		Case file - young offenders

Justice Social Work Services

Retention Schedule Reference Number	Retention Period	Name of asset
07.001.001	5 years - Completion of Order 3 years - Death	Unpaid Work Requirement - Offender over 21 years
07.001.002	10 Years - Completion of Order 3 years - Death	Unpaid Work Requirement - Offender is 16-21 years
07.001.003	5 years 3 years	Supervision Requirement - Offender over 21 years
07.001.004	1. 10 Years     2. 3 years	Supervision Requirement - Offender 16-21 years
07.001.005	100 years	Throughcare - Custody under 4 Years - Sex Offender
07.001.006	100 years	Case file - Throughcare - Schedule 1/Circular 11/Sex offenders
07.001.010	50 years	Case file - Throughcare: Life Licence, Extended Sentence, Non-Parole Licence, Parole Licence
07.003.002	3 years	Records documenting the provision of a Criminal Justice Social Work Report (CJSWR) on an offender, where there is no further social work involvement.
Diversion from Prosecution Scheme - Supervision Requirement	5 years	Diversion from Prosecution Scheme - Supervision Requirement

What are my rights?

• Right of Access
  You have the right to access the personal information the Council holds about you. This right is called a Subject Access Request, often referred to as a SAR.
  You can receive a copy of your personal data held by the Council, details on why it is being used, who it has been/ will be shared with, how long it will be held for, the source of the information and if the Council uses computer systems profile or take decisions about you. Details on how to submit a Subject Access Request can be found o the Council website.
   
• Right to rectification
  You have the right to request the Council correct any information held about you that is inaccurate.
   
• Right to erasure
  You have the right to request that the Council delete the personal information about you. This right is known as the right to be forgotten.
   
• Right to restrict processing
  You have the right to request that the Council stops using your personal information, while retaining a copy of it.
   
• Right to data portability
  You have the right to request that the Council give back to you a copy of the information you have given in a way that allows you to transfer it easily to another organisation

Who do I contact if I have any complaints or concerns about how my information has been handled?

You have the right to complain to the Information Commissioner’s Office should you be unhappy with the way the Council has processed your personal data. Details on how to report a concern can be found on the Information Commissioner's Office.

Should you have any questions or concerns about the Council’s handling of your personal data, you can contact the Council’s Data Protection Officer who will be happy to discuss these with you.

Karen Donnelly
12 Strathkelvin Place,
Kirkintilloch,
G66 1TJ

Email: Karen.Donnelly@eastdunba

Children and Families and Justice Services Legislation and National Guidance

Child protection has to be seen in the context of the wider Gettinq It Riqht For Every Child (GIRFEC) approach and the Early Years Framework and the UN Convention on the Rights of the Rights of the Child.    Children and young people have the right to be cared for and protected from harm and abuse and to grow up in a safe environment in which their rights are respected and their needs met. Children and young people should get the help they need, when they need it, and their welfare is always paramount.

Duties to Protect

The legal duty to investigate and report in relation to child care issues is derived from two sources: The Police (Scotland) Act 1967 which provides the mandate for police officers; and the Children (Scotland) Act 1995, section 53 provides the mandate for local authorities.

Although the above remain the primary legislation, concerned with the duty to protect children. Additional areas of legislation, are also of relevance as follows:

Social Work (Scotland) Act 1968
Local Government in Scotland Act 2003
Education (Additional Support for Learning) (Scotland) 2004 and 2009
Protection of Vulnerable Groups (Scotland) Act 2007

Criminal Justice

Crime and Disorder Act 1998
Crime and Punishment (Scotland) Act 1997
Criminal Justice (Scotland) Act 2003
Criminal Justice and Licensing (Scotland) Act 2010
Criminal Law (Consolidation) (Scotland) Act 1995
Criminal Procedure (Amendment) (Scotland) Act 2002 Criminal Procedure (Amendment) (Scotland) Act 2004
Criminal Procedure (Scotland) Act 1995
Management of Offenders etc. (Scotland) Act 2005
Mental Health (Public Safety and Appeals) (Scotland) Act 1999
Misuse of Drugs Act 1971
Prisoners and Criminal Proceedings (Scotland) Act 1993
Data Protection Act 1998
Human Riqhts Act 1998

Other Relevant Legislation

Legislation Defining Offences against Children
Sexual Offences (Amendment) Act 2000
Protection from Abuse (Scotland) Act 2001
Prohibition of Female Genital Mutilation (Scotland) Act 2005
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Sexual Offences (Scotland) Act 2009
Legislation on Managing Adults Who May Pose a Riskto Children
Protection of Children (Scotland) Act 2003
Protection of Vulnerable Groups (Scotland) 2007
Legislation on Criminal Proceedings and Witness Supports
Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 
Vulnerable Witnesses (Scotland) Act 2004

Additional Legislation

Asylum and Immigration Act 2004
Anti-social Behaviour (Scotland) Act 2004
Adoption and Children (Scotland) Act 2007
The Mental Health (Care and Treatment) (Scotland) Act 2003
Social Work (Scotland) Act 1968
Age of Legal Capacity (Scotland) Act 1991
Children (Scotland) Act 1995Carers (Recognition and Services) Act 1995
Criminal Procedure (Scotland) Act 1995
Human Rights Act 1998
Protection from Abuse (Scotland) Act 2001
Community Care and Health (Scotland) Act (2002)
Criminal Justice (Scotland) Act 2003
Protection of Children (Scotland) Act 2003
Mental Health (Care and Treatment) (Scotland) Act 2003
Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003
Education (Additional Support for Learning) (Scotland) Act 2004
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Protection of Vulnerable Groups (Scotland) Act 2007
Adult Support and Protection (Scotland) Act 2007
Adoption and Children (Scotland) Act 2007
Sexual Offences (Scotland) Act 2009
Education (Additional Support for Learning) (Scotland) Act 2009
Public Services Reform (Scotland) Act 2010
Children's Hearing (Scotland) Act 2011
Social Care (Self Directed Support) (Scotland) Act 2013

Regulations

Looked after Children (Scotland) Regulations 2009

National Guidance

Guidance on the Looked After Children (Scotland) Regulations 2009 (March 2011) Getting it right for Every Child 2005
Looked After Children and Young People: We can and must do better' (2007)
Protecting Children and Young People: The Charter 2004
Protecting Children and Young People: Framework for Standards 2004
Sweet Sixteen? The Age of Leaving Care in Scotland
Supporting Young People Leaving Care in Scotland: Regulations and Guidance 2004
‘These are our bairns’: A guide for community planning partnerships on being a good corporate parent
Go Outdoors! Guidance and good practice on encouraging outdoor activities in residential child care
Caring Together: The Carers Strategy for Scotland 2010 — 2015
The Same as you
Recommendations of NRCCI report Higher Aspirations, Brighter Futures. 16+ Learning Choices Policy and Practice Framework
Health Promotion Guidance: Nutritional Guidance for Children and Young People in Residential Care Settings
Suicide Prevention for Looked After Children and Young People — the Care Inspectorate
End of life care and planning for children and young people with life-limiting conditions (SWIA 2010— available at careinspectorate.com)
Getting Our Priorities Right Scottish Government 2013
Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003
National Guidance