Issuing of Privacy Notices (Formally Fair Processing) in Children's Specialist Services

1. Introduction

The Local Authority is required under the Data Protection Act 2018 to inform children and their parents or carers what personal information is collected, how it will be used and when it is to be transferred to the Department for Education (DFE). This is done through the issuing of a privacy notice (formally fair processing notice).

The personal information that is transferred to the DFE includes data for all children that are Looked After, children subject to a Child Protection Plan and Children in Need.

The Information Commissioner has advised that a single, short and easily understood Privacy Notice, rather than the long and detailed fair processing notice, can be issued at the same time as they receive other information about services they are being offered. Further information about the data that is shared by the Local Authority is available to data subjects via the Wirral Council website.

A privacy notice must be issued unless the issuing of the notice would be likely to cause serious harm to the physical or mental health or condition of the data subject or another person). The Data Protection (Subject Access Modification) (Social Work) Order 2000) or is part of a criminal investigation. Examples where it may not be appropriate to issue a privacy notice would be domestic abuse cases and where a Child Protection Plan would be prejudiced.

Privacy notices should be issued:

• To all individuals (parents/carers of children under the age of 12, and children over age 12 as well as their parents/carers) when they start receiving services as children in care or children in need;
• To all other new contacts that do not receive a service they should be provided with an individualised letter and the 'Information About You' leaflet;
• To all parents, carers and children 12 years and over who are currently receiving a service as a child in care or a child in need.

Parents and carers are defined as:

• The parent even if the child is subject to a Care Order;
• The carer of a child;
• The birth parent, even if the child is placed/authorised to be placed for Adoption;
• The Prospective Adopter if the child is placed for Adoption.

2. Procedure for New Contacts

2.1 Integrated Front Door (IFD)

Where new contacts are launched to the Districts, it will be the responsibility of the District Teams to send out the privacy notices.

For new contacts that are not launched to Districts, Integrated Front Door (IFD) will send the following to parents/carers of children under the age of 12, and children over age 12 as well as their parents/carers (unless this would be likely to cause serious harm, for example where there is domestic abuse or prejudice to a Child Protection Plan):

• Individual letter informing them what information has been recorded, unless a request for service is accepted and dealt with at Integrated Front Door (IFD) when a privacy notice will be issued;
• 'Information About You' leaflet.

Integrated Front Door (IFD) will be responsible for recording in the case notes if a leaflet and letter or privacy notice have been sent (see Appendix 2: Recording in Case Notes).

2.2 Assessment Teams

Assessment Teams will be responsible for issuing the privacy notice for all new individuals (parents/carers of children under the age of 12, and children over age 12 as well as their parents/carers) when they start receiving services as children in care or children in need (unless this would be likely to cause serious harm, for example where there is domestic abuse or prejudice to a child protection plan):

• Privacy notice (see page 6);
• 'Information About You' leaflet.

If an assessment team receives a referral but no service is provided, they will be responsible for sending out the following (unless this would be likely to cause serious harm, for example where there is domestic abuse or prejudice to a Child Protection Plan):

• Individual letter informing them what information has been recorded;
• 'Information About You' leaflet.

The assessment team will be responsible for recording in the case note that the privacy notice and or leaflet has been sent (see Appendix 2: Recording in Case Notes).

2.3 Care Management Teams 

• Care Management Teams will be responsible for checking that the privacy notice has been sent out for all new cases by looking in the case note. If the privacy notice has not been sent they will be responsible for sending the following to all parents/carers of children under the age of 12, and children over age 12 as well as their parents/carers, unless this would be likely to cause serious harm, for example where there is domestic abuse or prejudice to a Child Protection Plan Privacy notice (see page 6);
• 'Information About You' leaflet.

Where the Care Management Team have sent out the privacy notice they must record this in case notes. (see Appendix 2: Recording in Case Notes).

2.4 Children Reaching Their 12th Birthday

The information section will provide lists of children that have reached their 12th birthday on a quarterly basis. The lists will be sent to the relevant team who will then be responsible for sending out the privacy notice.

3. Auditing

Compliance with the above procedure will be subject to a regular audit.

4. Leaflets

Further copies of the 'Information About You' leaflet can be obtained from the Reform Unit, Practice Improvement Team, telephone number 666 4241.

Appendices

The following can be found in the Local Resources:

• Appendix 1: Privacy Notice;
• Appendix 2: Recording in Case Notes.