Who is collecting and using your personal data?
Devon County Council will act as a ‘data controller’ for any personal data that you provide to us. As such, we will ensure that the data you give us is processed in line with our organisation’s data protection policies and in line with your rights under the Data Protection Act 2018 and the EU General Data Protection Regulations.
Should you wish to find out more about Devon County Council’s data protection policies please contact our Data Protection Officer.
Please note that failure to provide your personal data may make it difficult for us to provide the necessary advice and support.
Why are we collecting your personal data?
We are collecting your personal data for the following purposes:
- To identify extra needs for children and families.
- To help prevent situations from getting more difficult for children and young people.
- To build on people’s capacity and resources to manage their own dilemmas and resolve their own difficulties.
- To help prevent further problems in the future.
- To help us analyse and evaluate the services that we offer people, for example, to understand their effectiveness.
We rely upon the following legislation to process your personal data:
- Working Together to Safeguard Children 2018.
- The Children’s Act 2004.
- The Digital Economy Act 2017.
- The National Health Service (NHS) Act 2006.
- The Children’s and Families Act 2014.
- The Crime and Disorder Act 1998.
- Offender Management Act 2007.
- The Education Act 2002.
- The Localism Act 2011.
- Local Government Act 2000.
- Criminal Justice Act 2002.
- Sexual Offences Act 2003.
- Police and Criminal Evidence Act 1984.
- The Children (Leaving Care) Act 2000.
- Special Educational Needs and Disability Regulations Act 2014.
- Immigration and Asylum Act 1999.
- Education and Skills Act 2008.
- School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012.
- Education (Information about Individual Pupils) (England) Regulation 2013.
- Protection of Children Act 1998 statutory gateways.
- Welfare Reform Act 2012.
- Article 6(1)(e) – UK General Data Protection Regulation
- Article 9(2)(h) – UK General Data Protection Regulation
We will also be performing evaluations of the services currently offered to families. As part of this process, we will ask individual families if they would be happy to support these evaluations. The evaluations will be undertaken with the consent of those concerned.
Who will we share your personal data with?
Your child’s name, address and the unique identification numbers that are assigned to your child in our education, health and social care systems will be imported into a data matching tool that is used by the Children and Education Service to improve the efficiency of data matching.
This will help us to deliver integrated care and educational services to you and your child and will enable Devon County Council to continue to better discharge our safeguarding responsibilities to children at risk.
To deliver services to you, it may also be necessary for us to share your personal data with the following organisations/partners:
Education providers such as:
- nurseries and pre-schools
Health services such as:
- clinical commissioning groups
- healthcare trusts
- hospital trusts
- health visitors
Criminal Justice agencies such as:
- Devon & Cornwall Police
- Youth Offending Service
- probation or community rehabilitation company
Partner agencies such as:
- children’s centres
- commissioned services (organisations that we ask to provide services on our behalf)
- community and voluntary sector
- Job Centre Plus
- district councils
- housing providers
- domestic abuse services
- substance misuse services
We may also share personal data with those who we commission to undertake evaluations of our early help offer. We will only share information that is necessary for the evaluation and any such sharing will only occur with the consent of each family.
Any other support agencies who are relevant to your family’s needs.
Your personal data may also be shared for Research and Evaluation purposes with the Ministry for Housing, Communities & Local Government (MHCLG), who have commissioned the Office of National Statistics (ONS) to undertake national research.
This means that basic personal information may be shared about individual family members (such as name, address, date of birth and sex) together with family-level information about issues faced.
Personal data supplied for this purpose will be linked with other information held by government agencies such as the Department for Work and Pensions. This information will then:
- be anonymised after it has been linked so as to limit any chance of families and individuals being identified
- be kept securely to prevent any unauthorised use
- not be used for making decisions about families or individuals
- not be shared back with the local authority
- be destroyed once the research project is concluded
We will only receive information about the local authority results of this national research in anonymised form and any reports published by the MHCLG will ensure that families and individuals are not identifiable.
How long will we hold your personal data?
We will retain your personal data for only as long as is necessary and in line with our organisation’s record retention schedules.
No automated decisions are taken using personal data provided as part of Early Help Proceedings.
Exercising your rights
Under the Data Protection Act 2018 and the EU General Data Protection Regulations you have the following rights:
- The right of access to your own personal data.
- The right to request rectification or deletion of your personal data.
- The right to object to the processing of your personal data.
- The right to request a copy of the information you provide us in machine-readable format.
- The right to withdraw your consent to any processing that is solely reliant upon your consent.
Should you wish to exercise any of your rights, you should contact the Data Protection Officer.
Your right to complain
If you wish to complain about the way that your personal data has been handled by Devon County Council, you should write to the Data Protection Officer and clearly outline your case. Your complaint will then be investigated in accordance with the Council’s customer feedback procedure.
If you remain dissatisfied with the way your personal data has been handled, you may refer the matter to the Information Commissioner’s Office whose contact details are below:
Information Commissioner’s Office
Changes to how we may process your personal data during the COVID-19 crisis
During the COVID-19 pandemic, it may be necessary for Devon County Council to change the way that we process your personal data, to ensure we can protect public health and deliver essential services to you and the public during this crisis. For more information read our COVID-19 privacy notice.