Lancashire Child and Youth Justice Service

In order to comply with articles 13 and 14 of the UK General Data Protection Regulation (UK GDPR), where personal data relating to a data subject is collected, Lancashire County Council would like to provide you with the following details.

Identity and contact details of the data controller

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Contact details of the data protection officer

Our Data Protection Officer is Paul Bond. You can contact him at dpo@lancashire.gov.uk or Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Purposes for processing

Anyone receiving a service from Lancashire Child and Youth Justice Service will have a record kept about them. Lancashire Child and Youth Justice Service collects, receives and processes personal information to enable us to provide services to children, young people, parents/carers, families and victims.

The purpose of processing personal information is to enable us to manage children and young people subject to an offending prevention programme as part of a voluntary arrangement or statutory order. The personal information will be stored on an electronic case management system, which is only accessed by approved users.

The main reasons we collect and use personal and special category data are:

To help us make sure we provide you with the most appropriate support;
To help us in our work to prevent offending or re-offending behaviour;
To make applications for services, support or benefits on your behalf; and
To help us plan, organise and improve those services, report on the work we have done and show we have used public funds appropriately.

We keep your information securely and it is only seen by staff who need it to do their jobs. Only authorised staff can use our computerised information system and they must follow security procedures.

Victim services

Lancashire Child and Youth Justice Service provide a service for victims, where they consent to receiving support. Victim's who consent to receive a service from Lancashire Child and Youth Justice Service will have a record kept about them. Lancashire Child and Youth Justice Service collects, receives, and processes personal information to enable us to provide services to victims. In accordance with the Code of Practice for victims, victim information is stored in a separate place to information linked to children and families. We keep your information securely and it is only seen by staff who need it to do their jobs. Only authorised staff can use our computerised information system and they must follow security procedures. Information is deleted at the end of our involvement with victims.

The main reasons we collect and use personal and special category data are:

To help us make sure we provide you with the most appropriate support;
To make applications for services, support or benefits on your behalf; and
To help us plan, organise and improve those services, report on the work we have done and show we have used public funds appropriately.

Appropriate Adults Service

Lancashire County Council operates an Appropriate Adult Service which is a statutory service and which Lancashire County Council commission out to a provider. The provider runs the service for LCC and provides quarterly and annual performance and monitoring reports.

The provider receives the referral information directly from the Police. After the police interview, the Appropriate Adult completes an outcome form which the provider then submits to the LA via the Child and Youth Justice Service.

Lancashire County Council may process your personal data as part of the delivery and review of this service being delivered.

Why me? partnership project

Lancashire CYJS have entered a six-month partnership with Why me? to improve the provision of Restorative Justice. Part of the project will include interviews with children and victims who have accessed services from CYJS. Interviews will be conducted on a consent basis only. CYJS staff will speak with victims of crime and children to ensure they are fully aware what the interview entails, what information will be shared, how this will be used. Interviews will only progress if informed consent is given. Any personal data that is shared during interviews will be fully anonymised by Why me? prior to being used for research and report writing purposes and will be deleted. Please Click Here for more information about Why me? privacy policy

Category of personal data being processed

Personal data (information relating to a living, identifiable individual)
Special category personal data (racial, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation)

Legal basis for processing personal data

The legal basis for processing your personal data, in accordance with Article 6 (1) of UK GDPR is:

(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes

(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 Council.

The legislation that informs the processing of your personal data is as follows:

Data Protection Act 2018 and General Data Protection Regulation 2018, Criminal Justice Acts 2003 & 2015, Crime & Disorder Act 1998, Legal Aid Sentencing & Punishment of Offenders Act, Bail Act 2017, Sex Offences Act 2003, Children Act 1989 and 2004, Working Together to Safeguard Children 2018 and the Domestic Violence, Crime and Victims Act 2004.

In relation to the Why me? project, Lancashire County Council will rely on UK GDPR Article 6 (1) Consent for any personal data processing taking place to support this project.

Legal basis for processing special categories of personal data

The legal basis for processing your special categories of personal data, in accordance with Article 9 (2) of UK GDPR is:

(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.

(b) Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law

(f) Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

(g) Processing is necessary for reasons of substantial public interest.

(h) Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.

The legislation that informs the processing of your personal data is as follows:

The substantial public interest condition is as follows:

Data Protection Act 2018 Schedule 1 Section 10 Part 2 Substantial Public Interest Condition 10 Preventing or detecting unlawful acts

In relation to the Why me? project, Lancashire County Council will rely on UK GDPR Article 9 (1) Explicit Consent for any personal data processing taking place to support this project.

Recipients of the data

We will only share your information in conjunction with the services provided to you by Lancashire Child and Youth Justice Service. Where necessary or required we share information with:

The Youth Justice Board and/or Youth Offending Teams;
Police forces;
Local and central government organisations – including Children's and Adult's Social Care; Education departments; housing departments; and Children, Family and Wellbeing service; CYJS Clinical Psychologist.
Ombudsmen and regulatory authorities.
Fire and Rescue Services;
Healthcare, social and welfare agencies and advisers;
Voluntary and charitable organisations – including external educational providers;
Employment and training establishments;
Family, associates and representatives of the person whose personal data we are processing;
Other public bodies where we have a legal obligation to share, such as the National Probation Service or the courts.

The agencies listed above may also share a limited amount of personal information with other agencies in the list to ensure the most appropriate services are identified to support you and your family.

CYJS may share your personal data with Lancashire County Council's Children, Families & Wellbeing Service who then may share anonymised data with Central Government.

In the following circumstances, the law allows information to be shared without your consent or knowledge:

To aid in the prevention and/or detection of crime
If your behaviour constitutes a serious risk of harm to yourself or others, including children to whom you may have access.

Information we share

Forename/surname
Address
Gender
Ethnicity
Religious/other beliefs
Physical or mental health conditions
Sexual health
Parent/carer information
Financial information
Education/employment details
Information regarding your family and lifestyle
Information regarding crimes you have committed or been accused of
Details of criminal proceedings and court sentences/outcomes that involve you

Any transfers to another country

Retention periods

Lancashire County Council will only store your information for as long as is legally required or in situations where there is no legal retention period they will follow established best practice.

File type	Description	Security	Retention period
Child and Youth Justice Service case file (excluding Looked After Children and those convicted of MAPPA eligible offences) including details of parents/carers/siblings and anonymised victim data (crime ref no, contact with victim, what service offer, if accepted)	Destroy or extend if further offence	Stored on Core +	25 years
Records relating to children convicted of Multi-Agency Public Protection Arrangements (MAPPA) eligible offences (under Schedule 18 or 17a of the Sentencing Act 2020)[1]. Case files include details of parents/carers/siblings and anonymised victim data (crime ref no, contact with victim, what service offer, if accepted)	Destroy or extend if further offence	Stored on Core +	100 years from action date. Summary case details will be passed to Lancashire Archives for permanent preservation at the end of retention
Records relating to children convicted of Multi-Agency Public Protection Arrangements (MAPPA) eligible offences (under Schedule 18 or 17a of the Sentencing Act 2020)[2]. Case files include details of parents/carers/siblings and anonymised victim data (crime ref no, contact with victim, what service offer, if accepted)	Destroy or extend if further offence	Stored on Core +	100 years from action date. Summary case details will be passed to Lancashire Archives for permanent preservation at the end of retention
Looked After Service User Case File (also remanded children to Local Authority Accommodation and the Secure Estate) including details of parents/carers/siblings and anonymised victim data (crime ref no, contact with victim, what service offer, if accepted)	Destroy	Stored on Core +	75 years
Child's Health Information Files	Destroy	Stored on Core +	25 years
Victim contact details (Information shared with us by Police on consent)	Destroy	Stored on the R:Drive	Conclusion of intervention
Spreadsheets tracking individuals through court system/live cases within the Child and Youth Justice Service	Destroy	Stored on the R:Drive	Details input into Core + or cases no longer live

Previously two categories: Serious Offences case files (as defined by s.224 of the Criminal Justice Act 2003) and Specified Offences case files (as defined in s.224 and Schedule 15 of the Criminal Justice Act 2003). This section of the 2003 act has been repealed and replaced by the Sentencing Act 2020 which does not appear to define Serious Offences. Specified Offences are defined in s.306 and listed in Schedules 17A and 18 of the Sentencing Act 2020
Previously two categories: Serious Offences case files (as defined by s.224 of the Criminal Justice Act 2003) and Specified Offences case files (as defined in s.224 and Schedule 15 of the Criminal Justice Act 2003). This section of the 2003 act has been repealed and replaced by the Sentencing Act 2020 which does not appear to define Serious Offences. Specified Offences are defined in s.306 and listed in Schedules 17A and 18 of the Sentencing Act 2020

Your rights

You have certain rights under the UK General Data Protection Regulation (UK GDPR), these are the right:

to be informed via Privacy Notices such as this.
to withdraw your consent. If we are relying on your consent to process your data then you can remove this at any point.
of access to any personal information the council holds about yourself. To request a copy of this information you must make a subject access request in writing. You are entitled to receive a copy of your personal data within 1 calendar month of our receipt of your subject access request. If your request is complex then we can extend this period by a further two months, if we need to do this we will contact you. You can request a subject access request, either via a letter or an email to Information Governance Team, address below.
of rectification, we must correct inaccurate or incomplete data within one month.
to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information.
to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future.
to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked.
to object. You can object to your personal data being used for profiling, direct marketing or research purposes.
in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to exercise any of these rights then you can do so by contacting:

Information Governance Team
Lancashire County Council
PO Box 78
County Hall
Preston
PR1 8XJ

Or email: dpo@lancashire.gov.uk

To ensure that we can deal with your request as efficiently as possible you will need to include your current name and address, proof of identity (a copy of your driving licence, passport or two different utility bills that display your name and address), as much detail as possible regarding your request so that we can identify any information we may hold about you, this may include your previous name and address, date of birth and what council service you were involved with.

Further information

If you would like more information about this specific service then please contact Lancashire Youth Offending Team on 01772 532047.

For more information about how we use personal information see Lancashire County Council's full privacy notice.

If you wish to raise a complaint on how we have handled your personal data, you can contact the Information Governance team who will investigate the matter.

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ or email: dataprotection@lancashire.gov.uk

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO).