Privacy notice for the Local Authority Designated Officer Service

Introduction

This privacy notice explains what types of personal data we may hold about you, how we collect it, how we use it and who we may share information with. We are required to give you this information under data protection law. This privacy notice should be read in conjunction with the corporate privacy notice.

Achieving for Children is registered as a controller with the Information Commissioner’s Office (ICO). Registration number ZA045069

The Local Authority Designated Officer (LADO) has statutory responsibility for the management and oversight of cases where there are safeguarding concerns or allegations made against people who work, volunteer, or are in a position of trust with children in any setting across the boroughs of Kingston, Richmond and Windsor and Maidenhead. The LADO collects and shares information from and with relevant agencies to decide whether it meets the threshold for a criminal, child protection or disciplinary investigation, or if it should be dealt with by the individual’s employer as a concern or complaint. The main agencies are the police, children’s social care, education settings and Ofsted.

The LADO 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
Behaved or may have behaved in a way that indicates they may not be suitable to work with children

Personal data we collect

To fulfil their statutory functions, the LADO collects personal and special category information about:

People in positions of trust who work or volunteer with children who are brought to the attention of the LADO
Children and their families and their personal welfare and safeguarding circumstances
Organisations who engage people in positions of trust (e.g. as employees, volunteers or contractors)

Individuals referred to the LADO

Name
Address and contact details
Date of birth
Equalities information
Employment
Information from the local authority from where you live and previously lived
Other agencies involved
Criminal offence information
Housing information
Family/relationship information

Referrer’s personal information

Name
Position/job role
Contact details such as email, address and telephone numbers

Children and families

Name
Date of birth
Address
Parent/carer names and contact details
Details of any safeguarding concerns and circumstances

How we use your personal data

The LADO uses personal information to:

ensure allegations about people in positions of trust are investigated thoroughly
advise organisations who engage or employ people in positions of trust on actions in order to enable them to safeguard the children who use their services and/or are in their care
monitor and oversee the progress and outcomes of any allegations and to convene a LADO Allegations Against Staff and Volunteers (ASV) meeting with relevant AfC Officers, police and other agencies as well as employers and representatives from organisations who engage volunteers where a coordinated and/or collective response is required.
share details of allegations with other persons or bodies in AfC who have a role in ensuring children’s safeguarding and welfare, including the Single Point of Access
share information with LADOs in other local authorities to enable them to fulfil their respective statutory duties
notify professional organisations and other bodies of allegations and concerns where people in positions of trust are self-employed or where an employer or volunteer organisation has failed to take appropriate action to safeguard children.

Legal basis for processing your personal data

Article 6(1)(e) - processing is necessary for the performance of a task carried out in the public interest or in the exercises of official authority vested in the parties.

Special category data

Article 9 2(g) substantial public interest - processing is necessary for reasons of substantial public interest, on the basis of law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject

This condition is met for safeguarding children and individuals at risk (Para 18, Schedule 2, Data Protection Act 2018).

These legal bases are under the UK GDPR and Data Protection Act 2018 and are supported by the following legislation:

Working Together to Safeguard Children 2018
Section 11, Children’s Act 2004

How long your personal data will be kept

Contacts and consultations: last contact + 10 years

No investigation, malicious, false and unfounded: last contact + 10 years

investigations, substantiated or unsubstantiated: until the data subject has reached normal retirement age or for a period of 10 years from the date of the allegation if that is longer

Keeping your 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 we share your personal information with

We will only share information with these organisations where it is appropriate and legal to do so. Where this is necessary, we are required to comply with all aspects of the Data Protection Act 2018. We share your personal data between Achieving for Children departments and services so that we can keep our information up to date, provide cross departmental support and improve our services to you and your child.

Some of the organisations that we share data with include (but aren't limited to) the following:

Police
Departments in AfC including children’s social care and education teams
Department for Education
Other local authorities
Ofsted
Judicial agencies
Disclosure & Barring Service (DBS)
Health and Care Professions Council (HCPC)
Social Work England
The General Teaching Council
The Nursing and Midwifery Council (NMC)

Your rights and access to information

Under data protection legislation you have the right to request access to the information that we hold about you. To request a copy of your data, please read the Individual Rights Requests page on this website and then submit your request using your preferred method of contact.

You also have the right to:

object to processing of personal data that is likely to cause, or is causing, damage or distress
have inaccurate personal data rectified, blocked, erased or destroyed
prevent processing for the purpose of direct marketing
object to decisions being taken by automated means
In certain circumstances have inaccurate personal data rectified, blocked, erased or destroyed; and
A right to seek redress, either through the ICO, or through the courts

If you have any questions or concerns about the way we process personal data, or would like to discuss anything in this privacy notice, please contact our Data Protection Officer: [email protected]

If you want to make a complaint about how we handle your personal data, we ask that you give our Data Protection Officer the opportunity to respond in the first instance but you are not obliged to do this. You can make a complaint directly to the Information Commissioner’s Office at https://ico.org.uk/concerns/

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