The purpose of processing
We use information relating to children and young persons (including children’s and young person’s data) to enable us to carry out specific functions for which we are responsible.
These include ensuring the safety of children within Bath & North East Somerset, meeting the general statutory duty of support, and exercising other enforcement, education and financial functions. We also derive statistics which inform decisions such as funding, OFSTED inspections, or serious case reviews, and use the data to assess performance and to identify priorities and targets for service delivery.
These include ensuring the safety of children within Bath & North East Somerset, meeting the general statutory duty of support, and exercising other enforcement, education and financial functions. We also derive statistics which inform decisions such as funding, OFSTED inspections, or serious case reviews, and use the data to assess performance and to identify priorities and targets for service delivery.
Data Subjects
Children and young people
Parents, carers and/or guardians
Personal Data
Personal information (such as name, address, date of birth)
Characteristics (such as ethnicity, language and free school meal eligibility)
Sensitive personal data (including data which might identify racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, the results of processing of genetic data / biometric data for the purpose of uniquely identifying a natural person (i.e. DNA testing results), data concerning health, or data concerning a natural person's sex life or sexual orientation)
Video footage of families’ contact sessions during parental assessment.
Characteristics (such as ethnicity, language and free school meal eligibility)
Sensitive personal data (including data which might identify racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, the results of processing of genetic data / biometric data for the purpose of uniquely identifying a natural person (i.e. DNA testing results), data concerning health, or data concerning a natural person's sex life or sexual orientation)
Video footage of families’ contact sessions during parental assessment.
How is it used?
The vast majority of children and young person’s information provided to us by you and by others is required for the performance of a statutory duty, and is retained for such a purpose. Information is provided to Children’s Services from multiple sources including children and parents, members of the public, professional agencies such as schools or health, the police, charities such as NSPCC, other Local Authorities, HM Courts and Tribunals Service, and many others. As we require the information to perform a public task this is our legal basis for processing, so we do not require your consent to collect and retain this information. Similarly the special category data (such as race, or DNA test results) are retained in so far as is necessary for the purposes of child protection (i.e. social protection law).
Profiling and Automated Decision Making
Not applicable
Legal Basis for Using Your Data
GDPR condition relied upon for processing personal data:
Article 6.1 e - Exercise of official authority
Adoption (Intecountry Aspects) Act 1999
Adoption Act 1976
Adoption Agencies Regulations 1983
Adoption Agencies Regulations 2005
Adoption and Children Act 2002
Anti Social Behaviour Act 2003
Apprenticeships Skills Children and Learning Act 2009
Arrangements for placement of Children (General) Regulations 1999
Assessment and reporting arrangements for Early Year Foundation Stage and Key Stage 1 – document has statutory force
Brussels II Regulation (EC) No 2201/2003
Care Planning, Placement and Case Review (England) Regulations 2010
Care Quality Commission (Registration Regulations) 2009
Care Standards Act 2000
Carers and Disabled Children Act 2000
Child Abduction Act 1984
Child Abduction and Custody Act 1985
Child and Young Persons Act 1998
Child Trust Fund Act 2004
Childcare Act 2006
Children Act 1989
Children Act 2004
Children Act 2004 Information Database (England) Regulations
Children and Families Act 2014
Children and Young Person Act Act 1963
Children and Young Persons Act 1968
Children Leaving Care (England) Regulations 2001 as amended by the Care Planning, Placement and Case Review Regulations 2010 and the Care Leavers (England) Regulations 2010,
Community Care, Services for Carers and Children's Services (Direct Payments) England Regs 2009
Crime and Disorder Act 1989
Criminal Justice Act 1991
Criminal Justice Act 2003
Early Years Foundation Stage (Learning and Development Requirements) Order
2007
Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004
Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003
Education (Special Educational Needs)(City Colleges)(England) Regulations 2002
Education Act 1996
Education Act 2002
Education and Skills Act 2008
European Convention on Human Rights and Fundamental Freedoms 1950
Family Law Act 1986
Family Law Act 1996
Family Procedure Rules 2010
Female Genital Mutilation Act 2003
Foster Placements (Children) Regulations 1991
Fostering Services (England) Regulations 2011
Freedom of Information Act 2000
Hague Convention on Parental Responsibility and Protection of Children 1996
Health and Social Care Act 2008 section 50
Housing Services under Part 7 of the Housing Act 1996
Human Fertilisation and Embryology Act 1990
Human Rights Act 1998
Information as to Provision of Education (England) Regulations 2008 No. 4
Learning and Skills Act 2000
Licensing Act 2003
Local Authority Social Services Act 1970 (and all guidance issued thereunder)
Local Authority Social Services and NHS Complaints (England) Regs 2009
Local Safeguarding Children Boards (Amendment) Regulations 2010 - SI 2010/622 (under Children and Young Persons Act 2009)
Local Safeguarding Children Boards Regulations 2006
Mental Capacity Act 2005
Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
Mental Health Act 1983
NHS Act 2006
Private Fostering Regulations 2005
Road Traffic Regulation Act 1984
Safeguarding Vulnerable Groups Act 2006
School Staffing (England) Regulations 2009
School Standards and Framework Act 1998
Special Educational Needs (Provision of Information by Local Education Authorities)(England) Regulations 2001
Special Guardianship Regulations 2005
United Nations Convention on the Rights of the Child
Adoption Act 1976
Adoption Agencies Regulations 1983
Adoption Agencies Regulations 2005
Adoption and Children Act 2002
Anti Social Behaviour Act 2003
Apprenticeships Skills Children and Learning Act 2009
Arrangements for placement of Children (General) Regulations 1999
Assessment and reporting arrangements for Early Year Foundation Stage and Key Stage 1 – document has statutory force
Brussels II Regulation (EC) No 2201/2003
Care Planning, Placement and Case Review (England) Regulations 2010
Care Quality Commission (Registration Regulations) 2009
Care Standards Act 2000
Carers and Disabled Children Act 2000
Child Abduction Act 1984
Child Abduction and Custody Act 1985
Child and Young Persons Act 1998
Child Trust Fund Act 2004
Childcare Act 2006
Children Act 1989
Children Act 2004
Children Act 2004 Information Database (England) Regulations
Children and Families Act 2014
Children and Young Person Act Act 1963
Children and Young Persons Act 1968
Children Leaving Care (England) Regulations 2001 as amended by the Care Planning, Placement and Case Review Regulations 2010 and the Care Leavers (England) Regulations 2010,
Community Care, Services for Carers and Children's Services (Direct Payments) England Regs 2009
Crime and Disorder Act 1989
Criminal Justice Act 1991
Criminal Justice Act 2003
Early Years Foundation Stage (Learning and Development Requirements) Order
2007
Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004
Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003
Education (Special Educational Needs)(City Colleges)(England) Regulations 2002
Education Act 1996
Education Act 2002
Education and Skills Act 2008
European Convention on Human Rights and Fundamental Freedoms 1950
Family Law Act 1986
Family Law Act 1996
Family Procedure Rules 2010
Female Genital Mutilation Act 2003
Foster Placements (Children) Regulations 1991
Fostering Services (England) Regulations 2011
Freedom of Information Act 2000
Hague Convention on Parental Responsibility and Protection of Children 1996
Health and Social Care Act 2008 section 50
Housing Services under Part 7 of the Housing Act 1996
Human Fertilisation and Embryology Act 1990
Human Rights Act 1998
Information as to Provision of Education (England) Regulations 2008 No. 4
Learning and Skills Act 2000
Licensing Act 2003
Local Authority Social Services Act 1970 (and all guidance issued thereunder)
Local Authority Social Services and NHS Complaints (England) Regs 2009
Local Safeguarding Children Boards (Amendment) Regulations 2010 - SI 2010/622 (under Children and Young Persons Act 2009)
Local Safeguarding Children Boards Regulations 2006
Mental Capacity Act 2005
Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
Mental Health Act 1983
NHS Act 2006
Private Fostering Regulations 2005
Road Traffic Regulation Act 1984
Safeguarding Vulnerable Groups Act 2006
School Staffing (England) Regulations 2009
School Standards and Framework Act 1998
Special Educational Needs (Provision of Information by Local Education Authorities)(England) Regulations 2001
Special Guardianship Regulations 2005
United Nations Convention on the Rights of the Child
GDPR condition relied upon for processing special category data
Article 9.2 h - Provision of health or social care
Article 9.2 j - Archiving, research, statistics
Sharing of personal data with External Recipients
We routinely share children and young person’s information with:
The Police subject to the 2013 Protocol and Good Practice Model – Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings.
Other agencies involved in Child Protection. This is done in accordance with the
statutory guidance Information sharing: advice for practitioners providing
safeguarding services 2015, interpreted in line with the GDPR 2016. This may
include schools; health services such as GPs, NHS, Midwives, Health Visitors, or
Virgin Care; CAFCASS; support agencies such as DHI, SDAS, The Freedom
Program, or Talking Therapies; Housing Services; and other Local Authorities
Children and Adult services.
Reporting professionals within Court proceedings.
The Local Safeguarding Children’s Board members, for example within a serious
case review.
Children and Family Court Advisory and Support Service (CAFCASS).
The Department for Education (DfE) - on a statutory basis under section 3 of The
Education (Information About Individual Pupils) (England) Regulations 2013. Youth support services – under section 507B of the Education Act 1996, to enable
them to provide information regarding training and careers as part of the education or training of 13-19 year olds
Education and training
We hold information about young people living in our area, including about their education and training history. This is to support the provision of their education up to the age of 20 (and beyond this age for those with a special educational need or disability). Under parts 1 and 2 of the Education and Skills Act 2008, education institutions and other public bodies (including the Department for Education (DfE), police, probation and health services) may pass information to us to help us to support these provisions.
Youth support services and pupils aged 13+
Once our pupils reach the age of 13, we pass their contact details to the provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996. This enables them to provide of youth support service and careers advice.
A parent / guardian can request that only their child’s name, address and date of birth be passed to their provider of youth support services by informing us at
Data_protection@bathnes.gov.uk. This right is transferred to the child/pupil once he/she reaches the age of 16.
Pupils aged 16+
We will also share relevant information about pupils not in education, training or
employment (such as their contact details) aged 16+ with the provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996. This enables them to provide the following services:
post-16 education and training
youth support services
careers advice
We may further need to retain or share information to execute functions under the legal obligations listed above.
Why we share this information
We share children and young person’s data to keep children safe. We will usually ask for your consent before sharing information however if we consider that asking consent would put an individual at risk we may decide that it is appropriate to share information without your consent. We may also share information without your consent where doing so fulfils a statutory function. Information will be shared with professionals as part of Court processes in line with the rules of Court.
Data sharing underpins our service design and delivery, internal performance reports and case scrutiny, OFSTED reports, school funding, The National Pupil Database, educational attainment policy and monitoring and also enables Department for Education to produce statistics, assess our performance, determine the destinations of young people after they have left school or college and to evaluate Government funded programmes. We do not share information about children and young people without consent unless the law and our policies allow us to do so.
To find out more about the data collection requirements placed on us by the Department for Education (for example; via the school census) go to https://www.gov.uk/education/datacollection-and-censuses-for-schools.
The National Pupil Database (NPD)
The NPD is owned and managed by the Department for Education and contains information about pupils in schools in England. It provides invaluable evidence on educational performance to inform independent research, as well as studies commissioned by the Department. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including schools, local authorities and awarding bodies.
The law requires us to provide information about our pupils to the DfE as part of statutory data collections. Some of this information is then stored in the national pupil database (NPD). The legislation that requires this is the Education (Information About Individual Pupils) (England) Regulations 2013.
To find out more about the pupil information we share with the department, for the purpose of data collections, go to https://www.gov.uk/education/data-collection-and-censuses-forschools.
To find out more about the NPD, go to https://www.gov.uk/government/publications/national-pupil-database-user-guide-andsupporting-information.
The Department may share information about our pupils from the NPD with third parties who promote the education or well-being of children in England by:
conducting research or analysis
producing statistics
providing information, advice or guidance
The Department has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases data to third parties are subject to a strict approval process and based on a detailed assessment of:
who is requesting the data
the purpose for which it is required
the level and sensitivity of data requested: and
the arrangements in place to store and handle the data
To be granted access to pupil information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.
For more information about the department’s data sharing process, please visit:
https://www.gov.uk/data-protection-how-we-collect-and-share-research-data
For information about which organisations the department has provided pupil information, (and for which project), please visit the following website:
https://www.gov.uk/government/publications/national-pupil-database-requests-received
To contact DfE: https://www.gov.uk/contact-dfe
The Police subject to the 2013 Protocol and Good Practice Model – Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings.
Other agencies involved in Child Protection. This is done in accordance with the
statutory guidance Information sharing: advice for practitioners providing
safeguarding services 2015, interpreted in line with the GDPR 2016. This may
include schools; health services such as GPs, NHS, Midwives, Health Visitors, or
Virgin Care; CAFCASS; support agencies such as DHI, SDAS, The Freedom
Program, or Talking Therapies; Housing Services; and other Local Authorities
Children and Adult services.
Reporting professionals within Court proceedings.
The Local Safeguarding Children’s Board members, for example within a serious
case review.
Children and Family Court Advisory and Support Service (CAFCASS).
The Department for Education (DfE) - on a statutory basis under section 3 of The
Education (Information About Individual Pupils) (England) Regulations 2013. Youth support services – under section 507B of the Education Act 1996, to enable
them to provide information regarding training and careers as part of the education or training of 13-19 year olds
Education and training
We hold information about young people living in our area, including about their education and training history. This is to support the provision of their education up to the age of 20 (and beyond this age for those with a special educational need or disability). Under parts 1 and 2 of the Education and Skills Act 2008, education institutions and other public bodies (including the Department for Education (DfE), police, probation and health services) may pass information to us to help us to support these provisions.
Youth support services and pupils aged 13+
Once our pupils reach the age of 13, we pass their contact details to the provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996. This enables them to provide of youth support service and careers advice.
A parent / guardian can request that only their child’s name, address and date of birth be passed to their provider of youth support services by informing us at
Data_protection@bathnes.gov.uk. This right is transferred to the child/pupil once he/she reaches the age of 16.
Pupils aged 16+
We will also share relevant information about pupils not in education, training or
employment (such as their contact details) aged 16+ with the provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996. This enables them to provide the following services:
post-16 education and training
youth support services
careers advice
We may further need to retain or share information to execute functions under the legal obligations listed above.
Why we share this information
We share children and young person’s data to keep children safe. We will usually ask for your consent before sharing information however if we consider that asking consent would put an individual at risk we may decide that it is appropriate to share information without your consent. We may also share information without your consent where doing so fulfils a statutory function. Information will be shared with professionals as part of Court processes in line with the rules of Court.
Data sharing underpins our service design and delivery, internal performance reports and case scrutiny, OFSTED reports, school funding, The National Pupil Database, educational attainment policy and monitoring and also enables Department for Education to produce statistics, assess our performance, determine the destinations of young people after they have left school or college and to evaluate Government funded programmes. We do not share information about children and young people without consent unless the law and our policies allow us to do so.
To find out more about the data collection requirements placed on us by the Department for Education (for example; via the school census) go to https://www.gov.uk/education/datacollection-and-censuses-for-schools.
The National Pupil Database (NPD)
The NPD is owned and managed by the Department for Education and contains information about pupils in schools in England. It provides invaluable evidence on educational performance to inform independent research, as well as studies commissioned by the Department. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including schools, local authorities and awarding bodies.
The law requires us to provide information about our pupils to the DfE as part of statutory data collections. Some of this information is then stored in the national pupil database (NPD). The legislation that requires this is the Education (Information About Individual Pupils) (England) Regulations 2013.
To find out more about the pupil information we share with the department, for the purpose of data collections, go to https://www.gov.uk/education/data-collection-and-censuses-forschools.
To find out more about the NPD, go to https://www.gov.uk/government/publications/national-pupil-database-user-guide-andsupporting-information.
The Department may share information about our pupils from the NPD with third parties who promote the education or well-being of children in England by:
conducting research or analysis
producing statistics
providing information, advice or guidance
The Department has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use of the data. Decisions on whether DfE releases data to third parties are subject to a strict approval process and based on a detailed assessment of:
who is requesting the data
the purpose for which it is required
the level and sensitivity of data requested: and
the arrangements in place to store and handle the data
To be granted access to pupil information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.
For more information about the department’s data sharing process, please visit:
https://www.gov.uk/data-protection-how-we-collect-and-share-research-data
For information about which organisations the department has provided pupil information, (and for which project), please visit the following website:
https://www.gov.uk/government/publications/national-pupil-database-requests-received
To contact DfE: https://www.gov.uk/contact-dfe
How long is the personal data retained by the Council?
Due to the serious, sensitive, and often intergenerational nature of our work, data relating to child protection matters may be kept for long periods of time. Requests for deletion will be dealt with on a case by case basis and should be made to the contact details listed below.
There are some specific statutory requirements in relation to retention of records.
Case records relating to children who have been placed, to be retained until the 75th anniversary of the child’s birth or for 15 years after death if the child dies before age 18 (Arrangements for placement of Children (General) Regulations 1999).
Records relating to a foster parent or other person and any entry relating to him in a register must be retained for at least 10 years from the date on which his approval is terminated or until his death, if earlier (Foster Placements (Children) Regulations 1991).
A video recording of a child witness made under the Criminal Justice Act 1991 must be retained for so long as it may be needed for the purpose of a trial or appeal. The decision to destroy it must be jointly by the Director of Social Services and the senior police officer concerned (Code of Practice for Video Recorded Interviews with Child Witnesses for Criminal Proceedings 1991).
Records held for non-child protection purposes will be periodically reviewed and where no longer relevant will be deleted or anonymised. The information will be stored securely on Local Authority electronic systems. Certain paper files are also retained and archived.
There are some specific statutory requirements in relation to retention of records.
Case records relating to children who have been placed, to be retained until the 75th anniversary of the child’s birth or for 15 years after death if the child dies before age 18 (Arrangements for placement of Children (General) Regulations 1999).
Records relating to a foster parent or other person and any entry relating to him in a register must be retained for at least 10 years from the date on which his approval is terminated or until his death, if earlier (Foster Placements (Children) Regulations 1991).
A video recording of a child witness made under the Criminal Justice Act 1991 must be retained for so long as it may be needed for the purpose of a trial or appeal. The decision to destroy it must be jointly by the Director of Social Services and the senior police officer concerned (Code of Practice for Video Recorded Interviews with Child Witnesses for Criminal Proceedings 1991).
Records held for non-child protection purposes will be periodically reviewed and where no longer relevant will be deleted or anonymised. The information will be stored securely on Local Authority electronic systems. Certain paper files are also retained and archived.