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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 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.

Category of personal data being processed

  1. Personal data (information relating to a living, identifiable individual)
  2. 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:

(c) Legal obligation: the processing is necessary for you to comply with the law.

(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, 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. Domestic Violence, Crime and Victims Act 2004.

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:

(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:

Data Protection Act 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. Domestic Violence, Crime and Victims Act 2004.

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

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;
  • 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 identifies to support you and your family. 

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

  • No

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
Email Emails held in Outlook that haven't been exported or moved elsewhere. Encryption is used when emailing personal data to partners. 1 year from the date received and then automatically deleted.
· Pre-court Decisions · Community Court Orders · Custodial Court Orders · Court order bail support/bail intensive supervision and surveillance · Appropriate adult information · Prevention/diversion service records · Health information files Destroy or extend if further offence Stored on electronic case management system, which is only accessed by approved users. Retained in line with legal requirements and established best practice. Please contact Child and Youth Justice Service for details of specific retention periods.
Court imposed Remand to the care of the Local Authority/remand to Youth Detention accommodation Looked After Service User Case File Destroy or extend if further offence Stored on electronic case management system, which is only accessed by approved users. 75 years, as determined by the Child Looked After Retention periods
Serious Offences (as defined in section 224(1) and specified in Schedule 15 of the Criminal Justice Act 2003) Case Files Specified Offences (as defined in section 224(2) of Criminal Justice Act 2003) Case Files Destroy or extend if further offence Stored on electronic case management system, which is only accessed by approved users. 100 years from closure
Victims Information (shared with Child and Youth Justice Service by Police on consent of the victim) Destroy No personal data regarding victims is stored Stored on electronic case management system, which is only accessed by approved users. Upon completion of any victim-work
Parents/carers files Destroy Stored on electronic case management system, which is only accessed by approved users. On disposal date of child's case file

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)