Data protection for children’s records

1.Please provide all documents, procedures, policies and / or protocols relating to data protection and information sharing held by the local authority in relation to assessments and support for families.

Decisions regarding the sharing of assessments are made by social work practitioners in our Children’s Social Work and Child Protection service.  Any sharing of personal data is governed by the requirements of the Council’s Data Protection Policy and Personal Information Security Policy.

2. Please confirm whether the LA consider that information obtained in a Children Act 1989 assessment is sensitive personal data as set out in section 2 of the Data Protection Act 1998?

Devon County Council does not hold the information you have requested.  We are not able to provide a view as to whether information contained on an assessment constitutes sensitive personal data without reviewing the content of a particular assessment.

3. What is the protocol to ensure confidential information is kept private when a Home Office worker attends a Children Act assessment?

Home office workers do not attend Children Act assessments.

4. Please confirm whether the LA routinely seek consent from children/parents before sharing any information obtained in a Children Act assessment with the Home Office? Please provide all consent pro formas used for this purpose.

The procedure in respect of unaccompanied asylum seeking children (UASC) and age assessments is the only known area in which information is shared with the home office. The procedure for this can be found at http://devonchildcare.proceduresonline.com/p_uasc.html?zoom_highlight=age+assessment

5. At the stage of seeking consent, are parents/children told that they can refuse consent, and of the consequences of refusal? Please confirm what is told to the parents / children. If there is a written document provided to them, please provide this to us. If not, please set out what it is that parents and children are told.

The only context in which we share information with the home office is in respect of UASC is with regard to age assessments. Consent, for sharing an age assessment in this context, cannot be refused.

6. If consent is refused what are the consequences?

The only context in which we share information with the home office is in respect of UASC is with regard to age assessments. Consent, for sharing an age assessment in this context, cannot be refused.