Local Authority Designated Officer (LADO) 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 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.

Please note that failure to provide your personal data may put children at risk.

KCC has a statutory responsibility to have a Local Authority Designated Officer (LADO) who is responsible for co-ordinating the response to concerns that an adult who works with children may have caused them or could cause them harm. The Local Authority Designated Officer (LADO) works within Children’s Services and gives advice and guidance to employers, organisations and other individuals who have concerns about the behaviour of an adult who works with children and young people.

KCC’s LADO Service provides this advice and guidance where a safeguarding concern is identified that an adult working with children has:

  • behaved in a way that has harmed a child, or may have harmed a child
  • possibly committed a criminal offence against or related to a child, or
  • behaved towards a child or children in a way that indicates he or she may pose a risk of harm to children

Where concerns arise about the person’s behaviour towards his/her own children or any other child the Police and/or Specialist Children’s Services (SCS) should consider if they need to inform the person’s employer and/or the Local Authority Designated Officer (LADO) to assess whether there may be implications for children with whom the person has contact at work.

Personal information we collect and use

Information collected by us

In the course of managing concerns, including allegations of harm, against an adult who works with children, 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)
  • details of family relationships, including those of extended family
  • information gathered during child protection processes (during Section 47 enquiries/investigations and Child Protection Conferences)
  • details relating to paid or voluntary employment

We also obtain personal information from other sources as follows:

  • police
  • Specialist Children’s Services
  • other teams in KCC
  • other Local Authorities
  • education settings including Early Years, academies, private, Independent and unregistered schools
  • NHS England
  • employers, including voluntary and charity organisations
  • NSPCC
  • Ofsted
  • Care Quality Commission (CQC)
  • Crown Prosecution Service (CPS)

How we use your personal information

We use your personal information to:

  • safeguard children
  • enable integrated working with other teams and relevant organisations to ensure appropriate actions and responses
  • support, advise and guide employers, charities and professionals in their respective roles when an allegation is raised against an employee/volunteer
  • reduce the incidents of positions of trust being abused or misused

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.

CategoryRetention period
Allegation results in joint S47 investigation or single agency criminal investigationDate of referral + 40 years
Substantiated allegationDate of referral + 40 years
Risk by AssociationDate of referral + 10 years or until the person has reached normal retirement age (65 years) if that is longer
All other LADO Contacts6 years from date of contact (The Limitation Act 1980)
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

Reasons we can collect and use your personal information

We collect and use your personal information to comply with our legal obligations, and to carry out tasks in the public interest. If we need to collect special category (sensitive) personal information, we rely upon reasons of substantial public interest (equality of opportunity or treatment), for the provision of social care, for social security or social protection law, and for the establishment, exercise or defence of legal claims whenever Courts are acting in their judicial capacity.

We rely on the following laws to process your personal data:

  • Children Act 1989
  • Children Act 2004
  • Children and Social Work Act 2017
  • Working Together to Safeguard Children 2015
  • Working Together to Safeguard Children 2018
  • Keeping Children Safe in Education 2016

Who we share your personal information with

  • teams within KCC 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)
  • police
  • Specialist Children’s Services
  • other Local Authorities
  • Education settings including Early Years, academies, private, independent and unregistered schools
  • NHS England
  • employers, including voluntary and charity organisations
  • NSPCC
  • Ofsted
  • Care Quality Commission
  • Crown Prosecution Service

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

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
  • withdraw consent (if applicable)

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.

If you would like to exercise a right, please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk.

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.

Who to 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.