PN0497
CYPS – Early Intervention and Safeguarding
Early Intervention – 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 responsibilities 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 Calderdale Council’s Youth Justice service.
The Youth Justice Service has a statutory responsibility to process personal data as part of its’ role in preventing and reducing offending and increasing confidence of victims and the wider community that youth offending is being effectively addressed.
The type of information we will 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 & language), disabilities, immigration status
- Parents/carers, family members - name, address, 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, 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 have provided will be used to:
- Meet our legal obligations to prevent and reduce offending and 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 possible reasons why an offence has been committed and address problems and 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 including assessments of young people to determine whether assistance is required.
- Obtain feedback to help us to understand the effectiveness of the service and to develop and improve future services
Sharing your personal data
Your information may be obtained from, and shared with, the following types of organisations/services:
- Police
- HM Courts & Tribunal Services, Crown Prosecution Service, Prisons, National Probation Service, solicitors
- Other Council teams including 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 e.g., C&K Careers
- Health Services/providers e.g., GPs, Dentists, CAMHs, Health Visitors, Hospitals, NHS Digital SystmOne, Speech and Language Service, Substance Misuse Service
- Housing Services/providers
- Revenues and Benefits
- Residential Children’s Homes/Hostels
- Youth Service Sports Clubs
- YJS Volunteers and Voluntary organisations
- Youth Justice Board
- Ministry of Justice
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
The YJS collects and lawfully processes information about young people under the following legislation:
- 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 & 2004
We process personal information and special category data under the following 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.
Retaining your personal information
Personal information will be kept for a maximum of 7 years from the case closure and then will be securely destroyed. For young people who also have records with other areas of Children’s social care, information will be kept for the following length of time:
- Initial contact that does not lead to referral to Children’s Social Care – 7 years
- Early Intervention and referrals/assessments including Child in Need cases – Date of birth (DOB) of the child + 25 years
- Child Protection cases – DOB + 40 years
- Looked-after Children – DOB + 75 years
Your rights
The GDPR provides the following rights for individuals. Not all rights are absolute and therefore will only apply in certain circumstances:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling.
You also have the right to complain to the Data Protection Officer if you feel that your data has not been handled in accordance with the law.
You can contact the Council’s Data Protection Officer at information.management@calderdale.gov.uk.
You also have the right to lodge a complaint with the Information Commissioner’s Office at www.ico.org.uk