The purpose of processing
If you are supervised by the Youth Offending Service we will need to collect information about you, this is called your ‘data’ and you are the ‘data subject’. This privacy notice will tell you what information we collect about you and why. It will also explain how we use this data and who we may share it with.
There are various laws which tell the Youth Offending Service what we must do and these include us having to collect your data and use this to make sure we do everything we are supposed to. Examples of these laws are the ‘Crime and Disorder Act 1998’ and the “Data Protection Act 2018”.
There are various laws which tell the Youth Offending Service what we must do and these include us having to collect your data and use this to make sure we do everything we are supposed to. Examples of these laws are the ‘Crime and Disorder Act 1998’ and the “Data Protection Act 2018”.
Data subjects
Any person being supervised by the Youth Offending Service
Parents carers of any person being supervised by the Youth Offending Service
Personal data
Name
Address
Gender
Ethnicity
Physical or mental health condition
Sexual health
Religious or other belief
Health
Parent or carer information
Any ID number (for example, PNC Number)
Information about your finances, education or employment.
Information relating to your family and lifestyle
Information about any offences committed or alleged to be committed by you
Information about criminal proceedings, outcomes and sentences that involve you
How is it used?
We collect your details in order to help us to understand your situation and to help us to support you in the best way we can and prevent you from offending. This includes keeping notes of when we have seen you and when we speak to other people about you. By keeping your details we look at ways of improving our service. We also are required to keep your information to make sure that we manage your risk towards others and ensure you are safe.
This information is held on paper files and in our database. Only staff and others who work closely with us in the same office, can see. Sometimes, we have to share some of this information with Police or Social Care or others to keep you or other people safe. Wherever possible, we will let you know that we are doing this.
This information is held on paper files and in our database. Only staff and others who work closely with us in the same office, can see. Sometimes, we have to share some of this information with Police or Social Care or others to keep you or other people safe. Wherever possible, we will let you know that we are doing this.
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
Under the new data protection law (the GDPR) we must only use your personal data where if it meets an GDPR Article 6 “condition”. We rely on Article 6.1.e which covers processing necessary for tasks in the public interest and/or tasks for which we have official authority. This “authority” is established by Government statute in the 1998 Crime and Disorder Act.
For the use of “special categories” of personal data we must meet a further condition under GDPR Article 9. Special categories include information about your physical or mental health, your ethnicity and your sexual preference. We rely on Article 9.2. This allows use of such personal data where necessary for reasons of substantial public interest (where this interest is laid down by law).
The Youth Offending Service is listed in Schedule 7 of the Data Protection Act 2018 as a “Competent Authority”. This means the YOS has statutory functions related to purposes of law enforcement.
This provides our legal basis for the processing of your personal data about any criminal offences or charges.
For the use of “special categories” of personal data we must meet a further condition under GDPR Article 9. Special categories include information about your physical or mental health, your ethnicity and your sexual preference. We rely on Article 9.2. This allows use of such personal data where necessary for reasons of substantial public interest (where this interest is laid down by law).
The Youth Offending Service is listed in Schedule 7 of the Data Protection Act 2018 as a “Competent Authority”. This means the YOS has statutory functions related to purposes of law enforcement.
This provides our legal basis for the processing of your personal data about any criminal offences or charges.
GDPR condition relied upon for processing special category data
Article 9.2 g - Substantial public interest
Sharing of personal data with external recipients
Your personal data may be shared with other organisations following the established procedures of the Enhanced Case Management (ECM) project which aims to develop a trauma informed approach in four YOTs in the South West of England to tackle adverse childhood experiences, trauma and complexity among children. The psychological led approach will assist Youth Offending Team practitioners to develop effective ways of working with complex children to enable them to successfully complete their orders, to prevent future offending and to improve positive outcomes for children. The sharing of your information is designed to keep only the relevant people and organisations informed so that they will be able to improve positive outcomes for children.
Panel and meetings
The project requires youth justice practitioners to refer individual cases to a referral panel, consisting of the two senior practitioners and a psychologist, to determine whether the case moves forward under the ECM approach. The panel will assess the case against the referral criteria and needs of the child. The roles also include facilitating case formulation, participating in case discussion and advising on practice. The senior practitioner roles also provide support directly to senior Youth Offending Service staff. To do these roles effectively, North Somerset Council Youth Offending Service require case-level personal information; anonymised information will not meet this need. Without this information, the project could not proceed. Your personal data may then be shared with a number of other organisations in order to carry out the established procedures of the Enhanced Case Management project, the current complete list is: North Somerset Council Youth Offending Service, All Wales Forensic Adolescent and Consultation Treatment Service (FACTS), Cwm Taf Health Board, Victim Support Agency, Additional Local Authorities, and in the case of placements, young offender institutions and secure children’s homes.
Where there is a specific need to, we may share your details with the following agencies:
Panel and meetings
The project requires youth justice practitioners to refer individual cases to a referral panel, consisting of the two senior practitioners and a psychologist, to determine whether the case moves forward under the ECM approach. The panel will assess the case against the referral criteria and needs of the child. The roles also include facilitating case formulation, participating in case discussion and advising on practice. The senior practitioner roles also provide support directly to senior Youth Offending Service staff. To do these roles effectively, North Somerset Council Youth Offending Service require case-level personal information; anonymised information will not meet this need. Without this information, the project could not proceed. Your personal data may then be shared with a number of other organisations in order to carry out the established procedures of the Enhanced Case Management project, the current complete list is: North Somerset Council Youth Offending Service, All Wales Forensic Adolescent and Consultation Treatment Service (FACTS), Cwm Taf Health Board, Victim Support Agency, Additional Local Authorities, and in the case of placements, young offender institutions and secure children’s homes.
Where there is a specific need to, we may share your details with the following agencies:
Youth Custody Service Placement Team
Bath and North East Somerset Council
Avon and Somerset Police
National Probation Service
School Nurse, CAMHS or your doctor
16 to 25 Independent young people
Project 28
Schools and colleges or education providers
Curo or another housing association
Connecting Families Service
Youth Connect South West
Virgin Care Speech, Language and Communication Service
North Somerset Council (Enhanced Case Management)
Avon and Somerset Victim Support Service
Young Offender Institutions/Secure Children’s Homes/Secure Training Centre
Other Local Authorities
How long is the personal data retained by the Council?
Looked After Children: Until your 75th birthday
Children in Need or on a Child Protection Plan: Until your 25th birthday
Everyone else: Until your 19th birthday
Children in Need or on a Child Protection Plan: Until your 25th birthday
Everyone else: Until your 19th birthday