Disabled Children and Young People’s Service privacy notice

This notice explains what personal data (information) we hold about you, how we collect, how we use and may share information about you.  We are required to give you this information under data protection law.

Who we are

Kent County Council (KCC) collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws. Our Data Protection Officer is Benjamin Watts.

‘Disabled Children and Young People’s Service’ is provided under the umbrella of Adult Social Care and Health and comprises a range of services that offer specialist support to disabled children, young people and their families. We work in an integrated way with other adults and children’s services teams in KCC and with partner organisations to ensure we deliver the best possible outcomes for children, young people, adults and families in Kent.

Personal information we collect and use

Information collected by us

In the course of providing specialist support for a child, young person and their family we collect the following personal information when you provide it to us:

  • personal information (such as name, address, contact details, date of birth, gender)
  • special category characteristics (such as ethnicity and disability)
  • personal identifiers (including NHS numbers and Port-Reference and Home Office numbers)
  • details of family relationships, including those of extended family
  • reasons for support (such as what is working well and what you are worried about)
  • assessment and plan information (such as further details of your issues and challenges, and how we are going to work together to bring about the changes required)
  • information gathered during child or adult protection processes
  • episodes of being looked after (such as important dates and information on placements)
  • outcomes for looked after children, such as whether health and dental assessments are up to date, strengths and difficulties questionnaire scores and personal education plans
  • adoption information, including dates of court orders and decisions and information relating to post-adoption support provided
  • information on Care Leavers, including their education and employment status and the type of accommodation they are living in

We also obtain personal information from other sources as follows:

  • details of any young person reported missing from home, from the police
  • referral and involvement information from partner organisations
  • attendance and exclusion information (such as sessions attended, number of absences, reasons, details to support statutory processes), pupil characteristics, and unique pupil number, from your child’s school
  • involvement with other KCC children’s or adult services teams from our existing records
  • court decisions relating to our statutory legal duties

How we use your personal information

We use your personal information to:

  • safeguard and support disabled children and young people, and to monitor their progress
  • enable integrated working with other teams and organisations to ensure you receive the right support at the right time
  • plan and provide the most appropriate level of support to you and your family
  • liaise with Service Providers regarding the care of Looked After Children and Care Leavers
  • support you to access relevant support and advice, services and groups
  • gather your feedback from reviews to evaluate and quality assure the services we provide, and improve our policies on social care
  • use your feedback to inform future service provision and the commissioning of services
  • inform you about forthcoming events/activities and our commissioned services, if you have agreed for us to do so
  • request and arrange installation of specialist equipment for you if required to meet your needs
  • assess your financial contribution to your care when you become 18
  • equality monitoring, to help us to commission and manage services effectively, helping us to meet our Public Sector Equality Duty.

The sharing of information facilitates a joined up approach with partner agencies, to provide you with the best possible care and support.

How long your personal data will be kept

We keep your information securely in line with the retention periods shown below, after which time it is archived or securely destroyed, unless we are required by legal reasons to retain records for longer than the stated retention period.

Category

Retention period

Children and Young People with a Child Protection Plan

Date of birth +40 years

Children and Young People who have been in the care of the Local Authority (Looked After Children and Care Leavers)

Date of birth +75 years

If the child/young person dies before the age of 18 records will be retained for 15 years from their date of death.

Adoption

Date of birth +100 years

Private Fostering Arrangements

Date of birth +75 years

Private Foster Parents where parents made own arrangements for child to be fostered

Last contact with the Private Foster Parent +10 years, or date of death of Private Foster Parent + 2 years

All other records relating to Children and Young People Records of children and young people who don’t fall into any of the above categories, including Children in Need, and general papers where a file has not been opened

Date of birth +25 years

Register of Persons Posing a Risk to Children and those cautioned or convicted of offences against children

75 years from the date of the caution/conviction

Adult Social Care

No longer than ten years from the last involvement with adult social care

Who we share your personal information with

In the course of working with you, we may share your information with some of the following third parties (non exhaustive list):

  • teams within Kent County Council working to improve outcomes for children and young people
  • commissioned providers of local authority services (such as Independent Foster Care Agencies, Children’s Homes, Semi-Independent Accommodation Providers, Supported Lodgings Providers, Residential Special Schools and Secure accommodation)
  • schools and colleges
  • partner organisations signed up to the Kent and Medway Information Sharing Agreement, where necessary, which may include health visitors, midwives, district councils, housing providers, police, school nurses, doctors and mental health workers
  • government departments including the Department of Education, Department of Work and Pensions, and The Home Office
  • Ofsted (in the event of a local authority inspection of children’s or Local Area services)
  • Care Quality Commission (CQC)
  • voluntary organisations, such as The Share-Foundation (who run the Department for Education’s Junior ISA scheme for looked after children and young people)

We will share personal information with law enforcement or other authorities if required by applicable law.

NHS and care services

To find out more about the NHS’ wider use of confidential personal information and to register your choice to opt out if you do not want your data to be used in this way, visit the NHS website. If you do choose to opt out you can still consent to your data being used for specific purposes.

Your rights

Under GDPR you have rights which you can exercise free of charge which allow you to:

  • know what we are doing with your information and why we are doing it
  • ask to see what information we hold about you (subject access request)
  • ask us to correct any mistakes in the information we hold about you
  • object to direct marketing
  • make a complaint to the Information Commissioner's Office

Depending on our reason for using your information you may also be entitled to:

  • ask us to delete information we hold about you
  • have your information transferred electronically to yourself or to another organisation
  • object to decisions being made that significantly affect you
  • object to how we are using your information
  • stop us using your information in certain ways

We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note, your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under GDPR.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Contact

Please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.

You can contact our Data Protection Officer, Benjamin Watts, at dpo@kent.gov.uk, or write to: Data Protection Officer, Sessions House, Maidstone, Kent ME14 1XQ.

GDPR also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted on 03031 231113.

Read our corporate privacy statement.