Privacy Notice for Calderdale Youth Justice Service

Calderdale Metropolitan Borough Council of Town Hall, Crossley Street, Halifax, HX1 1UJ is registered with the Information Commissioners Office (ICO) under the provision of the Data Protection Act 2018. The Council takes its responsibility as Data Controller under the Data Protection Act and UK GDPR very seriously. This privacy notice explains how your personal information will be processed if you receive support from our Youth Justice service.

The Youth Justice Service has a statutory responsibility to process personal data as part of its' role to:

• prevent and reduce offending;
• and increase confidence of victims and the wider community that youth offending is being effectively addressed.

Types of information we collect

• Name, date of birth, address and contact details.
• Characteristics (gender, ethnicity, languages spoken, religious beliefs, health needs or problems (physical and emotional). Medical history (CAMHs, substance misuse, speech and language), disabilities, immigration status.
• Parents or carers and family members' names, addresses and contact details.
• Offending history and analysis.
• Social Care records (personal, family and social factors information).
• Assessments and self-assessments.
• All contacts with the YJS or other caretaking Service.
• Housing records.
• Education, training and employment information.
• Details of convictions, Police reports and PNC reference.
• Information from other Youth Offending Services.
• Information about witnesses and victims of youth crime.

Why we collect and hold this information

The personal data you provide is used to:

• Meet our legal obligations to prevent and reduce offending. Also, to increase confidence of victims and the wider community that youth offending is being effectively addressed.
• Complete assessments as part of either a voluntary arrangement or statutory order. To identify or assess why an offence was committed and address problems/factors that lead to criminal offending behaviour. To comply with court orders and to manage risk.
• Provide you and your family with relevant support within the criminal justice system. (Based on the needs identified in our assessments.)
• Provide early help services to prevent young people committing crime and anti-social behaviour. (Includes assessments of young people to determine whether assistance is required.)
• Get feedback to help us understand how effective the service is, to develop and improve future services.

Sharing your personal data

Your information may be obtained from and shared with these types of organisations/services:

• Police.
• HM Courts/Tribunal Services, Crown Prosecution Service, Prisons, National Probation Service and solicitors.
• West Yorkshire Joint Services as part of the Violence Reduction Partnership (VRP).
• Other Council teams, which include:
  • Children's Social Care;
  • Anti-Social Behaviour and Community Safety teams;
  • Housing;
  • Education and Special Educational Needs teams;
  • Legal Services.
  • Schools and Education services/providers, such as C&K Careers.
• Health Services and providers, such as:
  • GPs;
  • Dentists;
  • CAMHs;
  • Health Visitors;
  • Hospitals;
  • NHS Digital SystmOne;
  • Speech/Language Service;
  • and Substance Misuse Service.
• Housing Services and providers.
• Revenues and Benefits.
• Residential children's homes/hostels.
• Youth Service Sports Clubs.
• YJS Volunteers and Voluntary organisations.
• Youth Justice Board.
• Ministry of Justice.
• Practice Plus Group (Liaison and Diversion).

We will only ever share relevant information about you with third parties when:

• they are involved in your support;
• or where there is a legal basis for us to do so.

The lawful basis for the processing your data

• Crime and Disorder Act 1998.
• Criminal Justice Act 2003.
• Legal Aid Sentencing and Punishment of Offenders Act 2012.
• Offender Management Act 2007.
• Police and Criminal Evidence Act 1984.
• Children's Act 1989 and 2004.

We process personal information and special category data under these GDPR lawful bases:

• Article 6(1)(c). For compliance with a legal obligation to which the controller is subject as above.
• Article 6(1)(e).
  • For the performance of a task carried out in the public interest;
  • or in the exercise of official authority vested in the controller.
• Article 9(2)(g). Processing is necessary for reasons of substantial public interest.
• DPA 2018 Schedule 1 Part 2 (6). Statutory and government purposes.

The nature of our services means that we need to collect data about criminal offences. In order to collect this, we must comply with UK General Data Protection Regulation Article 10. The Council meets this requirement.

How long we will keep your personal information

• Up to 7 years from the case closure, then it is securely destroyed.

For young people who also have records with other areas of Children's social care:

• 7 years for initial contact that does not lead to referral to Children's Social Care.
• 25 years from date of birth for Early Intervention and referrals/assessments (includes Child in Need cases).
• 40 years from date of birth for Child Protection cases.
• 75 years from date of birth for Looked-after Children.

Your rights

The GDPR provides you with these rights:

1. To be informed.
2. To access.
3. To rectification.
4. To erasure.
5. To restrict processing.
6. To data portability.
7. To object.
8. Also, rights in relation to automated decision making and profiling.

Please note: Not all rights are absolute and therefore will only apply in certain circumstances.

You also have the right to complain to our Data Protection Officer. This is if you feel that your data has not been handled in accordance with the law. To complain, please email: information_management@calderdale.gov.uk.

You also have the right to lodge a complaint with the Information Commissioner's Office.