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 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 violence cases and where a Child Protection Plan would be prejudiced.
Privacy notices should be issued:
Parents and carers are defined as:
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 violence or prejudice to a Child Protection Plan):
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).
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 violence or prejudice to a child protection plan):
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 violence or prejudice to a Child Protection Plan):
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).
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).
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.
Compliance with the above procedure will be subject to a regular audit.
Further copies of the 'Information About You' leaflet can be obtained from the Reform Unit, Practice Improvement Team, telephone number 666 4241.