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Placement finding for children in care

In order to comply with 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

Access to Resources Team (ART) is a team within Lancashire County Council who are responsible for sourcing fostering, residential and leaving care placements for our children in care. Some of these placements require joint funding with health for therapeutic intervention and all children looked after require timely health assessments to be carried out by our health partners.

Your information will only be used to decide whether:

  • The right placement is found with services in place to meet any identified health needs
  • A health assessment is required and allow arrangements to be put in place to ensure this is done on time

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 the UK GDPR is:

(c) Legal Obligation: the processing is necessary for you to comply with the law. You must reference the applicable legislation if you wish to rely on this basis for processing.

Lancashire County Council relies on this lawful basis by virtue of:

Children Act 2004 - Sections 10 and 11 of the Children Act 2004 place obligations upon agencies including local authorities, police, clinical commissioning groups and NHS England to co-operate with other partners in promoting the welfare of children and ensuring that they safeguard and promote the welfare of children in their area.

Children Act 1989 - For children and young people, the nature of the information that will be shared by ART may fall below a statutory threshold of Section 47 (children in need of protection) or even Section 17 (children in need of services).

Legal basis for processing special categories of personal data

The legal basis for processing your special categories of personal data, in accordance with the UK GDPR is:

(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.

Lancashire County Council relies on this lawful basis by virtue of:

Children Act 2004 - Sections 10 and 11 of the Children Act 2004 place obligations upon agencies including local authorities, police, clinical commissioning groups and NHS England to co-operate with other partners in promoting the welfare of children and ensuring that they safeguard and promote the welfare of children in their area.

Children Act 1989 - For children and young people, the nature of the information that will be shared by ART may fall below a statutory threshold of Section 47 (children in need of protection) or even Section 17 (children in need of services).

Recipients of the data

Our health partners are: East Lancashire, Greater Preston, Morecambe Bay and Fylde and Wyre Clinical Commissioning Groups (CCGs) - have requested that they are involved as early as possible in the placement finding process to be able to influence placement decisions and enable effective planning of required health services.

Information we share

ART will share anonymised referrals with colleagues in the relevant CCGs, the referrals will contain the following information age, gender, legal status, ethnicity, needs of the child, specific placement requirements, and previous placement history.

On a monthly basis ART will share a list of children who are placed in residential care with the CCGs. This list is provided to ensure that the CCGs have the correct information so that they can carry out the appropriate health assessment and arrange any additional therapy in an efficient and timely manner.

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 Retention Period
Email Emails held in Outlook that haven't been exported or moved elsewhere. 1 year from the date received and then automatically deleted.
Children Looked After The arrangements for Placement of Children (General) Regulations 1991 and the Children’s Homes (Amendment) Regulations 2011 Files of children who are looked after, or who cease to be looked after, before the age of 18 years, should be retained completely intact until the 18 birthday is reached.

75 years from date of birth or if the child has died before reaching 18 years, for the period of 15 years from the date of death or when the age of 18 would have been achieved, whichever is the later.

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 via 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

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 Annette.mcneil@lancashire.gov.uk.

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).