Privacy Notice
Children, education and early help services Data Privacy Notice (DPNs) under GDPR
This policy sets out our privacy policy in relation to data held by us. If you have any queries in relation to any data protection, please contact us at: info@BrighterFuturesforChildren.org
What personal data is held?
We only obtain and use the information we need to provide our services to you. In the course of providing support for a child, young person and their family we collect different types of information depending on the circumstances.
- First name of child
- Surname of child
- Date of birth
- Gender
- Languages spoken
- Ethnicity
- Religion
- Parents/carers/legal guardian/prospective childminders/childminders – Name(s)
- Address details
- Contact telephone numbers
- Email address
- Ethnicity
- Sibling(s)/step/legal first name
- Sibling(s)/step/legal surname
- Sibling(s) date of birth, gender, address, contact telephone number, email, languages spoken, ethnicity
- Any additional need information
- Medical
- Education
- Young carer details
- Registration details
- References
- National Insurance details
- Passport details
- Birth certificates
- Bank details for carers/children looked after/care leavers/special guardianships/ childminders/nursery day care settings
- Criminal proceedings, outcomes and sentences
- Information about offences or alleged offences
Special category personal information: Our service also needs to use sensitive personal data also called “special category data” which requires more protection to keep it safe. This is often information you would not want to be widely known and is very personal to you. It includes:
- sexuality or sexual heath
- religious or spiritual or philosophical beliefs
- ethnicity
- physical or mental health
- trade union membership
- political opinions
- genetic or biometric data
- criminal history.
Vital interests: the processing is necessary to protect children from harm.
Public task: the processing is necessary for us to perform a task in the public interest or for our official functions and the task or function has a clear basis in law
Health or social care: the 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 service.
Public interest: the processing is necessary for reasons of substantial public interest
Legal purposes: the processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
How will the data be stored?
Data detailed above will be stored in secure electronic management database systems, portals, spreadsheets stored on internal secure folders and accessed on secure encrypted laptops. All data is stored on secure servers. This privacy policy adheres to our company obligations, as set out in our information governance framework.
What is the legal basis for the collection, use and storage of the data?
Our processing shall be lawful because at least one of the following will apply:
a) the data subject has given consent for processing of their personal data for one or more specific purposes;
b) Brighter Futures for Children is required to collect, use and store data outlined in legislation. These include, but are not restricted to:
These include, but are not restricted to:
- The Care Act 2014
- Children’s Act 2016
- Childcare Act 2006
- Special Educational Needs Code of Practice statutory guidance relating to Part 3 Children and Families Act 2014
- Crime and Disorder Act 1998 Section 115 and Section 14 of the Offender Management Act 2007
- The Fostering Services (England) Regulations 2011
- The Adoption and Children Act 2002
- The Adoption Agencies (Miscellaneous Amendments) Regulations 2013
- Limitation Act 1980 section 2
- School Admissions Code 2021
- School Standards and Framework Act 1998
- School attendance: guidance for schools
- HMRC Compliance Handbook CH15400
- The Education Act 1996 – Collection of School Census information
- Children’s and Family Act 2014
- Education and Adoption Act 2016
- The Localism Act 2011
- Digital Economy Act 2017
- Welfare Reform Act 2012 The Welfare Reform Act 2012 section 134 allows for longer term data sharing powers between DWP, their service providers and local authorities.
- Section 17 of the Children Act 1989 and Section 11 of the Children Act 2004
- Brighter Futures for Children also collects and provides information as required by the DfE, Ofsted inspection requirements and MHCLG for Supporting Families Programme.
c) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
d) 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 company.
Data collected is used to:
- Enable us to carry out specific functions for which we are responsible
- Derive statistics to fulfil our statutory duties and returns and inform decisions such as the funding
- Assess performance, set targets and improve services
We process personal information to enable us to manage children and young people subject to an offending prevention programme as part of either a voluntary arrangement or a statutory order.
We process personal information about:
- Children and young people we help
- Parents of children we help
- Witnesses, victims
- Offenders and suspected offenders
Details of how long the data will be stored and criteria used to determine this
Children’s services
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
All records relating to the creation and management of Child Protection Orders | Retain from date of birth of child for 75 years | Destroy | Arrangements for the Placement of Children (General) Regulations 1991 | Statutory requirement |
Allegation of a child protection nature against a member of staff working at a school, including where the allegation is unfounded | Until the person’s normal retirement age or 10 years from the date of the allegation, whichever is longer, then destroy. if you find that allegations are malicious you should destroy the record immediately. | Destroy | Statutory requirement | |
Child Protection Case Files | Retain from date of birth of child for 40 years | Destroy | Arrangements for the Placement of Children (General) Regulations 1991 | Statutory requirement |
Children in Need files | Retain from date of birth of child for 40 years | Destroy | Arrangements for the Placement of Children (General) Regulations 1991 | Statutory requirement |
Child Protection Register | Permanent | Arrangements for the Placement of Children (General) Regulations 1991 | Statutory Requirement | |
Register of Offenders Who Pose a Risk to Children | Retain for the period in which any person is assessed to pose a continued risk to children or until notification of death. | Destroy | Sex Offenders Act 1997 | Statutory Requirement |
All records relating to the care of children and young people in hospices | Retain from date of birth of child for 75 years | Destroy | Children’s Homes Regulations 2001 reg.29 | Statutory Requirement |
Residential care
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
All records relating to children who are resident in local authority children’s homes | Retain from date of birth of child for 75 years | Destroy | Children’s Homes Regulations 2001 reg.29 | Statutory Requirement |
All records relating to the administration of residential care for children and young people (excluding the register and client records) | Retain from year records created for 15 years | Destroy | Children’s Homes Regulations 2001 reg.29 | Statutory Requirement |
Personnel records relating to the employees working in children’s homes | Retain from year records created for 15 years | Destroy | Children’s Homes Regulations 2001 reg.29 | Statutory Requirement |
Register of admissions to local authority children’s homes | Retain from year records created for 75 years | Destroy | Children’s Homes Regulations 2001 reg.29 | Statutory Requirement |
All records relating to the provision of respite care for children and young people | Retain from date of birth of child for 75 years | Destroy | The English Children’s Homes Regulations 2001 | Statutory Requirement |
All records relating to Child Death Reviews | Retain from date of report for 15 years | Destroy | Recommended | |
All records relating to Child Safeguarding Practice Reviews including the final report | Retain from date of report for 15 years | Destroy | Recommended | |
All records relating to the constitution and management of the Berkshire West Safeguarding Partnership Board | Retain from year records created for 4 years | Destroy | Recommended | |
All records relating to Shared Care for children and young people | Retain from date of birth of child for 75 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the management of Special Guardianship Orders | Retain from date of birth of the child concerned for 75 years | Destroy | Children Act 1989 | Statutory Requirement |
Fostering and adoption
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
All records relating to the management of the adoption process | Retain from date of adoption order for 100 years | Destroy | Disclosure of Adoption Information Regulations 2005 | Statutory Requirement |
All records relating to the provision of foster care places by the local authority | Retain from date of birth of child for 75 years | Destroy | Arrangements for the Placement of Children Regulations 1991 | Statutory Requirement |
Records relating to the application for and implementation of a staying put order | Retain from date of birth of individual for 75 years | Destroy | Recommended | |
Application and case records of foster carers | Retain for at least 10 years from date of approval termination as a foster carer, or for at least 3 years if unsuccessful application / withdrawal during application process | Destroy | The Fostering Services Regulations 2011 Reg 32 | Statutory Requirement |
Foster Carer Register | Permanent | The Fostering Services Regulations 2011 Reg 31 | Statutory Requirement |
Children looked after
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
Records relating to the application for and implementation of a Care Order | Retain from date records created until 75th anniversary of the child’s birth or 15 years after death if the child dies before age 18. Records should be destroyed at the end of the retention period. 75 years | Destroy | Children’s Homes Regulations 2001 | Statutory Requirement |
All records relating to the creation and maintenance of care plans for children looked after | Retain from date of birth of child for 75 years | Destroy | Children Act 1989 | Statutory Requirement |
All records relating to the provision of educational support for children looked after | Retain from date of birth for 75 years | Destroy | Arrangements for the Placement of Children Regulations 1991 | Statutory Requirement |
All records relating to the recruitment and management of independent visitors for children looked after | Retain from date of last contact with the independent visitor for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
Case files relating to children looked after | Retain from date of birth for 75 years | Destroy | Arrangements for the Placement of Children Regulations 1991 | Statutory Requirement |
Register of Children in the Care of the Local Authority | Permanent | Arrangements for the Placement of Children Regulations 1991 | Statutory Requirement | |
Statutory complaints made about the provision of services for children in the care of the local authority | Retain from date of birth for 75 years | Destroy | Arrangements for the Placement of Children Regulations 1991 | Statutory Requirement |
All records relating to the provision of support for young people leaving care | Retain from date of birth for 75 years | Destroy | Arrangements for the Placement of Children | Statutory Requirement |
All records relating to supported employment for looked after children | Retain from date of birth for 75 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
Support for children and young people
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
All records relating to the management of chaperones | Retain from last contact with the chaperone for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
Records relating to the application for and implementation of a child assessment order | Retain from date of birth of child for 40 years | Destroy | Recommended | |
All records relating to the administration of pre-crime prevention schemes | Retain from completion of the prevention programmes for 1 year | Destroy | Statutory Requirement | |
All records relating to clients of family centres | Retain from last contact for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the financial management of family centres | Retain from year records created for 6 years | Destroy | Statutory Requirement | |
All records relating to the management of buildings being used as family centres | Retain from year records created for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the provision of support for children and the families of children living with HIV and AIDS | Retain from last contact with family for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the creation and management of sensory rooms | Retain from creation of records for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the provision of speech, language and communication therapy to children (aged under 18 years) | Retain from date of birth of minor for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the provision of educational psychology services | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the provision of Portage Home Teaching services | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Recommended |
All records relating to the provision of Primary Mental Health Worker services | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Recommended |
All records relating to the provision of the Mental Health Support Team services | Retain from date of birth of the pupil for 25 years | Destroy | Recommended | |
All records relating to the provision of Massage and Sensory Integration services | Retain from year records created for 6 years | Destroy | Recommended | |
All records relating to the provision of Autism Support services | Retain from year records created for 6 years | Destroy | Recommended |
Under 5s
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
All records relating to the creation of childcare sufficiency assessments | Retain from date childcare sufficiency assessment replaced for 3 years | Destroy | Statutory Requirement | |
All records relating to information and support for those interested in becoming a registered child minder and those already registered where there is financial involvement | Retain from year records created for 6 years | Destroy | HMRC – Compliance Handbook Manual CH15400 | Statutory Requirement |
All records relating to information and support for those interested in becoming a registered child minder and those already registered where there is no financial involvement | Retain from year records created for 3 years | Destroy | Best Practice | |
All records relating to training provided for those interested in becoming a registered childminder and those who are already registered | Retain from date award expires for 3 years | Destroy | Best Practice | |
All records relating to applications for and management of early education for 2 year olds | Retain from creation of records for 6 years | Destroy | HMRC – Compliance Handbook Manual CH15400 | Statutory Requirement |
Special Education Needs and/or Disabilities (SEND)
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
All records relating to the allocation and provision of home to school transport for special needs pupils | Retain from date transport provision ceases for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the development and implementation of special needs coordinated support plans | Retain from date of birth of child for 25 years | Destroy | Best Practice | |
All records relating to the allocation of school places to children with special educational needs | Retain from date of birth of child for 25 years | Destroy | Best Practice | |
All records relating to the management of special educational needs assessments | Retain from date of birth of child for 25 years | Destroy | Best Practice |
Educational support
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
All records relating to the alternative provision of education for pupils who can’t attend mainstream schools – pupil records | Retain from date of birth of pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the management of pupils schooled at home | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to Pupil Referral Units – pupil records | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
Educational support – Health and welfare at school
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
All records relating to the provision of educational support to children who are in hospital | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the development and implementation of parenting contracts | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to psychological, psychiatric or social work services (not including child protection) in schools | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the management of school attendance and truancy | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the provision of school catering services | Retain from end of the contract for 6 years | Destroy | HMRC – Compliance Handbook Manual CH15400 | Statutory Requirement |
All records relating to the maintenance of health and safety in schools | Retain from year records created for 3 years and 4 months | Destroy | Limitation Act 1980 S.11 | Statutory Requirement |
All records relating to the provision of the school nursing service | Retain from year records created for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the supervision of medication administration in schools | Retain from date of birth of the pupil for 21 years and 4 months | Destroy | Limitation Act 1980 S.11 | Statutory Requirement |
All records relating to the reporting of accidents where the person concerned is under 18 | Retain from date of birth of minor for 21 years and 4 months | Destroy | Limitation Act 1980 S.11 | Statutory Requirement |
Educational support – Pupil development and support
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
All records relating to the provision of educational psychology services | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the administration of school transport – where transport is provided | Retain from date transport ceases for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the provision of support for young people when leaving education | Retain from year records created for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the provision of support to pupils when moving between schools | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the allocation and management of work experience placements | Retain from date of work experience placement for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
Schools – Curriculum and policy
All records relating to the exclusion of school pupils | Retain from date of birth of the pupil for 25 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the management of complaints in schools | Retain from date of resolution of complaint for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the appointment and management of School Governors | Retain from termination of service as a school governor for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
School registers of attendance | Retain from date of entry for 3 years | Destroy | School attendance: Departmental advice for maintained schools, academies, independent schools and local authorities October 2014 | Statutory Requirement |
All records relating to the creation, implementation and management of schools’ forums | Retain from year records created for 6 years | Destroy | Best Practice |
Schools – Extra-curricular activities
Nature of record | Retention period | Action at the end of that period | Legislation | Reason |
All records relating to the provision of extended schools activities | Retain from year records created for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the provision of school clubs and activities | Retain from year records created for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the administration of outdoor activity centres by local authorities | Retain from year records created for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
School Visits: Parental Consent Forms where there has been a major incident | Retain from result of the investigation for 6 years | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
Schools – School admissions
All records relating to the provision of information and school contact details | Retain from year records created for 1 year | Destroy | Limitation Act 1980 S.2 | Statutory Requirement |
All records relating to the allocation of primary school places | Retain from year records created for 1 year | Destroy | School Admissions Code 2012 | Statutory Requirement |
All records relating to the administration of school appeals | Retain from end of the appeal process for 2 years | Destroy | School Admissions Code 2015 | Statutory Requirement |
All records relating to the allocation of secondary school places | Retain from year records created for 1 year | Destroy | School Admissions Code 2012 | Statutory Requirement |
Who will it be shared with and for what purpose?
We may share your information but is not limited to the following:
- Adopt Thames Valley (ATV)
- Berkshire West Safeguarding Children Partnership Board
- Courts
- Central Government and other Local Authorities
- Department for Education
- E-PEP
- Family, associates and representatives of the person whose personal data we are processing
- Fostering agencies
- Foster carers
- IFA Consortia Board
- NCER – National Consortium of Examination Results
- National Health Service
- Ofsted
- Ombudsmen and regulatory authorities
- Police
- Probation
- Schools
- Thames Valley Together (TVT) Partnership
- Welfare call
- Youth Justice Board
- Other partner agencies if/when required, such as private voluntary organisations
Information will be shared due to statutory requirements, legal obligations, progress monitoring and tracking to determine service delivery. Information sharing protocols exist for any external sharing.
Information will be shared internally if required for better performance and efficiency of company services and the welfare of service users.
How can a current or past service user get access to it?
The form for Subject Access Request (SAR) is here. If you have any questions about SARs, you can email Reading Borough Council’s customer relations team, which administers SARs on our behalf. The email address is: SarRequests@reading.gov.uk
We do not transfer data outside the EU. Where consent is required this will be sought. However, some data is required based on statutory requirements, where no consent is required.
Where applicable, the right to withdraw consent at any time will be applied except in the case of statutory requirements.
You have a ‘right to be forgotten’ so you can ask for your personal information to be deleted where:
- It is no longer needed for the reason why it was collected in the first place
- You have removed your consent for us to use your information and we do not have to keep your information for legal reasons
If we have shared your personal information with others, we will do what we can to make sure those using your personal information comply with your request for erasure.
We may not be able to delete your personal data if it is needed for legal reasons, for reasons of public health, public interest or for medical purposes.
What other rights does the service user have that we have to make known to them?
The right to have their data corrected, the right to have their data deleted and their right to put a complaint to the Information Commissioner’s Office (ICO), alongside legal requirements.
Will there be any automated decision making?
There is no automated decision making within Brighter Futures for Children.
Due diligence – the role of the Senior Information Risk Owner (SIRO)
The SIRO takes overall ownership of BFfC’s confidentiality and data protection obligations, acts as champion for information risks on the Board and provides written advice to the accounting officer on the content of BFfC’s statement of internal control in regard to information risk.
The SIRO is expected to understand how the strategic business goals of BFfC, Reading Borough Council, other children’s services, local authorities and partnership organisations, such as the NHS, Thames Valley Police and NHS and others’ Information Governance Framework business goals may be impacted by information risks, and how those risks may be managed.
The SIRO will implement and lead the Information Governance (IG) risk assessment and management processes within BFfC and advise the Board on the effectiveness of information risk management across the company. The SIRO shall receive training as necessary to ensure they remain effective in their role.
Caldicott Guardian, Children’s Services
A Caldicott Guardian is a senior person responsible for protecting the confidentiality of people’s health and care information.
The Caldicott Guardian for children’s services in Reading is the Executive Director of Children’s Services Lara Patel.