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Privacy Notice for the Youth Justice Service, Kingston and Richmond

Introduction

This privacy notice explains what types of personal data we may hold about you, how we collect it, how we use it and who we may share information with. We are required to give you this information under data protection law. This privacy notice should be read in conjunction with the corporate privacy notice.

Who we are

Achieving for Children delivers children’s services and the local authority statutory responsibilities relating to children aged up to 25 years across the boroughs of Kingston, Richmond and Windsor and Maidenhead. Achieving for Children is registered as a controller with the Information Commissioner’s Office (ICO). Registration number ZA045069  and is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

Kingston and Richmond’s Youth Justice Service at Achieving for Children has a statutory duty under the Crime and Disorder Act 1998 to prevent offending. We work with young people who have committed offences and are subject to either Youth Caution, Youth Conditional Caution, Court Orders, Bail with conditions or subject to Secure Remands. The service has representatives from the police, national probation service, health and other local organisations. Our multi-agency approach is designed to address the risk factors associated with offending and to meet the individual needs of young people.

Additionally, we have partnered with an organisation called SHIFT to run a pilot programme which seeks to learn from a new way of working with children and young people who are, or are at risk of, repeatedly committing crimes. 

Personal data we collect 

We collect and process the following information about you:

  • Personal identifiers such as your name, date of birth, gender and language
  • Contact details such as your address, email address, telephone numbers 
  • country of birth 
  • NHS number and GP details 
  • education details including school attendance, exclusions and behavioural information
  • special educational needs (education, health and care plan (EHCP))
  • employment history and current employment: 
  • offending history including information about alleged offences, criminal proceedings, convictions and sentences
  • social care status such as information about personal relationships and social history, housing situation as well as information about family members 
  • Special categories of data such as your ethnicity, religion and health information.

How we collect your information

We may collect information in the following ways:

  • Paper, electronic or online forms
  • Email
  • Telephone
  • Face to face or virtual meetings with you, or  with one of our employees, or one of our partners.

How we use your personal information 

We use your personal information for the following reasons:

  • to support young people and their families to prevent them from becoming further involved in crime and antisocial behaviour  
  • to support young people who are bailed from courts, supervised on formal court orders, pre court orders or out of court disposals, remanded to youth detention accommodation and given custodial sentences. 
  • to provide an Appropriate Adult for you at the Police station if a family member is not able to attend;
  • work with and support victims of youth crime;
  • to help young people and their families take responsibility for their actions, help young people get back into education, training or employment so that they can refrain from offending, achieve their potential and become valued members of society. 
  • to work in partnership with local agencies to address youth offending effectively in our local area. 
  • to evaluate current services, develop policies and strategies to meet the local need
  • to comply with the requirements to provide statistics regarding levels of activity and effectiveness in addressing and reducing youth offending for government departments such as the Home Office, Youth Justice Board and NHS.
  • to enable us to make referrals to other services to support you to stay out of trouble (we will normally ask for your consent for this);
  • account for our decisions and investigate complaints

Lawful basis for processing your information  

In accordance with Article 6 of the GDPR, we collect and process your personal data under the following lawful basis:

  • 6(1)(c) processing is necessary to comply with a legal obligation that applies to Achieving for Children
  • 6(1)(e)processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 

We process special categories of data for the following reasons:

  • UK GDPR article 9(2)(g) - processing is necessary for reasons of substantial public interest. 
  • Data Protection Act 2018, Schedule 1 Part 2(6) -statutory and government purposes

These lawful basis are underpinned by acts of legislation that dictate what actions can and should be taken by local authorities, including:

  • Children Act 1989, 2004
  • Crime and Disorder act 1998
  • Equality Act 2010
  • Criminal Justice Act 2003

Keeping your information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Who we share your information with

We will only share information with these organisations where it is appropriate and legal to do so. Where this is necessary, we are required to comply with all aspects of the Data Protection Act 2018. We share your personal data between Achieving for Children departments and services so that we can keep our information up to date, provide cross departmental support and improve our services to you and your child. 

We share information to tell other professionals that we are working with you, so that we can coordinate the work we do for you and fulfil our purposes above. Any further information they request about you will only be shared if you give your consent or if we are required to share it by law.

Some of the external organisations that we may share your personal information with include:

 

  • Health – for example GP, school nurse, CAMHS or Substance Misuse providers
  • Schools and colleges
  • Police
  • Probation
  • Judicial agencies – Courts, Crown Prosecution Service, solicitors
  • Appropriate Adult Service
  • YJS volunteers and sessional staff
  • Victims
  • Voluntary organisations and charities including Reparation Providers
  • Youth Offending Teams in other areas (e.g. if you have moved address)
  • Home Office (for example if we have to make a referral under the National Referral Mechanism because we are concerned that you are being exploited)
  • The secure estate (Young Offender Institutions, Secure Training Centres, Secure Children’s Homes)
  • The Youth Custody Service (YCS) and secure estate institutions

How long your personal data will be kept

We only keep your personal data for as long as is required by law and in accordance with our retention schedule. 

Your rights and access to information 

Under data protection legislation you have the right to request access to the information that we hold about you. To request a copy of your data, please read the Individual Rights Requests page on this website and then submit your request using your preferred method of contact. 

You also have the right to:

  • object to processing of personal data that is likely to cause, or is causing, damage or distress
  • have inaccurate personal data rectified, blocked, erased or destroyed
  • prevent processing for the purpose of direct marketing object to decisions being taken by automated means
  • In certain circumstances have inaccurate personal data rectified, blocked, erased or destroyed; and 
  • A right to seek redress, either through the ICO, or through the courts

If you have any questions or concerns about the way we process personal data, or would like to discuss anything in this privacy notice, please contact our Data Protection Officer: dpo@achievingforchildren.org.uk

If you want to make a complaint about how we handle your personal data, we ask that you give our Data Protection Officer the opportunity to respond in the first instance but you are not obliged to do this. You can make a complaint directly to the Information Commissioner’s Office at https://ico.org.uk/concerns/