Privacy policy

Children, Education and Early Help Services Data Privacy Notice (DPNs) Under GDPR

The identity and contact details of the company

Brighter Futures for Children

Contact us with Data Protection enquiries at:

What personal data is held?

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/looked after children/care leavers/special guardianships/ childminders/nursery day care settings
Criminal proceedings, outcomes and sentences
Information about offences or alleged offences

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.

What is the legal basis for the collection, use and storage of the data?

Brighter Futures for Children are required to collect, use and store data outlined in legislation. These include, but are not restricted to:

TheCare Act 2014
Children’s Act 2006/2016
Special Educational Needs Code of Practice statutory guidance relating toPart 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
Limitation Act 1980 S.2
School Admissions Code 2012 and 2015
School Standards and Framework Act (SSFA) 1998
School Attendance: Departmental advice for maintained schools, academies, independent school and local authorities 2014
HMRC Compliance Handbook CH15400

Brighter Futures for Children are also to collect and provide information as required by the DfE, Ofsted inspection requirements and Troubled families payment by results framework.

Data collected is used to:

Enable us to carry out specific functions for which we are responsible
Derive statistics to fulfill 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 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 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	Childrens 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	Childrens 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	Childrens 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	Childrens 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	Childrens 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 Childrens 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 Serious Case 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 Local Safeguarding Children’s 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

Looked after children

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	Childrens Homes Regulations 2001	Statutory Requirement
All records relating to the creation and maintenance of care plans for looked after children	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 looked after children	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 looked after children	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 Looked After Children	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 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

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?

Department for Education
National Health Service
Ofsted
Schools
Courts
Police
Probation
Adopt Thames Valley
Welfare Call
Youth Justice Board
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
Local Safeguarding Children Board
Children’s Services Improvement 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 will be shared internally if required for better performance and efficiency of Council services and the welfare of clients.

How can the service user get access to it?

Subject Access Request can be made here.

State whether any data is to be transferred outside the EU?

None.

Where consent is required this will be sought. However some data is required based on statutory requirements, where no consent is required.

Where application 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.

State if there will be any automated decision making

No.