Privacy Policy

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.

This may include but is not limited to the following:

  • Name of Child
  • Personal identifiers such as NHS number, NI number, UPN
  • Contact details
  • Date of birth
  • Gender
  • Languages spoken
  • Family information; family relationships and other data necessary for the provision of the service
  • Special Education Needs and Disability Data
  • Medical
  • Education
  • Young carer details
  • Registration details
  • References
  • Passport details
  • Birth certificates
  • Bank details for carers/looked after children/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 to the Council 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:

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 Retain from date of the allegation for 10 years 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 from date of sentence for 10 years 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 Recommen-ded
All records relating to Serious Case Reviews including the final report Retain from date of report for 15 years Destroy Recommend-ed
All records relating to the constitution and management of the Berkshire West Safeguarding Partnership Board Retain from year records created for 4 years Destroy Recommen-ded
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 implementa-tion of a staying put order Retain from date of birth of individual for 75 years Destroy Recommen-ded
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 implementa-tion 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 implement-ation of a child assessment order Retain from date of birth of child for 40 years Destroy Recommen-ded
All records relating to the administra-tion 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 communica-tion 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 Recommen-ded
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 Recommen-ded
All records relating to the provision of Massage and Sensory Integration services Retain from year records created for 6 years Destroy Recommen-ded
All records relating to the provision of Autism Support services Retain from year records created for 6 years Destroy Recommen-ded

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 implementa-tion 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 implement-ation 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 administra-tion 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, implement-ation 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 administra-tion 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 administra-tion 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:

  • Department for Education
  • Reading Borough Council
  • National Health Service
  • Child Protection Information Sharing (CP-IS)
  • Ofsted
  • Schools
  • Courts
  • Police
  • Probation
  • Adopt Thames Valley (ATV)
  • Youth Justice Board
  • eGovonline (E-PEP)
  • NCER – National Consortium of Examination Results
  • IFA Consortia Board
  • Foster Carers
  • Fostering Agencies
  • Central Government and other Local Authorities
  • Ombudsmen and regulatory authorities
  • Family, associates and representatives of the person whose personal data we are processing
  • Berkshire West Safeguarding Children Partnership 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 Deborah Glassbrook, Director of Children’s Services – Education, Early Help & Social Care.