Privacy policy: Knowsley Youth Offending Service (YOS)

Who To Contact

Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 9GL

 

Who will own my data once I submit it?

Knowsley Borough Council is the Data Controller for the personal information you provide. 
 
Knowsley Youth Offending Service (YOS) are a part of Knowsley Children’s Services. The Knowsley Children’s Services Privacy Notice can be found here or ask a member of the Youth Offending Team for a copy.

Why do you need my information?   

  • Prevention of crime.
  • Assessment of need and risk.
  • Safeguarding.
  • Prevention of offending or re-offending by programme interventions.
  • Protection of the public.
  • Reporting on the performance of the YOT to the Ministry of Justice to fulfil statutory obligations.

What allows you to use my information? 

All organisations must provide a legal basis for processing your information. In most cases this is found under the Data Protection Act 2018, including the UK General Data Protection Regulation (UK GDPR).
We collect and use your personal information to carry out tasks to comply with our legal obligations, and to carry out tasks in the public interest.  We rely on the following legal bases under UK GDPR:

  • Article (6)(1)(a) - Consent: the individual has given clear consent to process their personal data for a specific purpose.
  • Article (6)(1)(c) - Legal obligation: the processing is necessary to comply with the law (not including contractual obligations)
  • Article (6)(1)(e) - Public task: the processing is necessary to perform a task in the public interest or for official functions (task or function has a clear basis in law)

When we collect or share special category personal data such as ethnicity, religion and health related data, we rely upon the following legal bases under UK GDPR:

  • Article 9(2)(f) - Legal claims or judicial acts
  • Article 9(2)(g) - Reasons of substantial public interest. We rely on the ‘safeguarding of children and of individuals at risk’, and ‘equality of opportunity or treatment’ purposes condition from Schedule 1 of the Data Protection Act 2018 when relying on Article 9(2)(g) to process your special category data.
  • Article 9(2)(h) - Health or social care

The associated condition in UK law is provided in Schedule 1, Part 1, 2(2)(d), (e) & (f) of the Data Protection Act 2018.
These legal bases are underpinned by acts of legislation that dictate what actions can and should be taken by local authorities. For the Knowsley YOS this includes:

  • Criminal Justice Acts 2003 & 2015
  • Crime & Disorder Act 1998
  • Legal Aid Sentencing & Punishment of Offenders Act
  • Bail Act 2017
  • Sex Offences Act 2003
  • Children Act 1989 and 2004
  • Working Together 2018.

Who will my information be shared with?   

Information may be shared with the following agencies:

  • Judicial Agencies e.g., Courts 
  • Police Forces
  • Children’s Social Care including Early Help
  • Probation, MPS and CRC
  • Health Agencies 
  • Education Providers including schools
  • Multi Systemic Therapy Service
  • Substance Misuse Agencies
  • Other Youth Offending Teams
  • Other Local Authorities
  • Youth Justice Board for England and Wales
  • Youth Custody Service (YOI, Secure Training Centers)
  • Career Connect
  • CACI (Case Management System Supplier)
  • NTDMS (National Treatment Agency for Substance Misuse)
  • Children’s Homes and other Accommodation Providers
  • CCG (Clinical Commissioning Group)
  • CQC (Care Quality Commission)
  • Youth Mutual
  • Employers
  • Family, associates, and representatives of the person whose personal data we are processing
  • Knowsley Education Psychology Service

If your family is assessed as eligible to receive support from the Stronger Families Programme, subject to your consent we will share your personal/sensitive information held by Knowsley Council and its partners with the Department for Communities and Local Government for research and evaluation purposes.

Do I have to provide this information and what will happen if I don’t? 

The Youth Offending Service works with all young people who come into contact with the criminal justice system because they have committed an offence. The YOS looks at the situation of every young person it meets and identifies or assesses the possible reasons why they may have committed the offence and any problems they may be experiencing which may increase the likelihood they will commit further offences in the future.

Sometimes we are required by law to share information about you, and we do not need to get your permission to do this. Examples might be to protect you or others against risk of harm or to prevent any future crimes.

Where we rely on your consent to process your personal information, you can withdraw your consent to our use of your data at any time. You can do this by emailing Inforights@knowsley.gov.uk

Please also be aware of the following:

  • Information enables us to plan and support children and families further.
  • Sometimes information is requested via Court, and it can affect plans if it is not shared.
  • We appreciate open and honest relationships so may ask for consent to share information as best practice where appropriate. Where there is a clear risk or safeguarding issue, we may not seek your consent and rely on another lawful basis under UK GDPR as outlined above.

How long will you keep this data for and why?

Disposal

Timescales

Pre-Court

3 yrs. or 18th Birthday

Court Orders

5 yrs. or 18th Birthday unless being transitioned

Some data we may hold under legal obligation for a longer retention period.

Your information will only be held for as long as necessary to achieve the relevant purpose unless we are legally required to retain it for a specific period. It will only be held for the periods stated in our record retention schedule, after which it will be securely destroyed.

Information can be stored up to 75 years, dependent upon the nature of the information. Most of this information is kept electronically.

How will my information be stored?

Information is carefully stored on the YOS case management system on Knowsley Borough Council’s secure network and in paper files retained in secure storage.   Only authorised professionals have direct access to the information, but they may need to share some pieces of information with other agencies in certain circumstances. Should this be required it will only ever be transferred via secure means.

Will this information be used to take automated decisions about me?

No

Will my data be transferred abroad and why?

No

What rights do I have when it comes to my data?

Under the UK General Data Protection Regulation, you have the following rights with regards to your personal data: -

  • The right to subject access – you have the right to see a copy of the personal data that the Council holds about you and find out what it is used for
  • The right to rectification – you have the right to ask the council to correct or remove any inaccurate data that we hold about you.
  • The right to erasure (right to be forgotten) you have the right to ask the council to remove data that we hold about you
  • The right to restriction – you have the right to ask for your information to be restricted (locked down) on council systems
  • The right to data portability – you have the right to ask for your data to be transferred back to you or to a new provider at your request
  • The right to object – you have the right to ask the council to stop using your personal data or to stop sending you marketing information, or complain about how your data is used
  • The right to prevent automated decision making – you have the right to ask the council to stop using your data to make automated decisions about you or to stop profiling your behaviour (where applicable)

Due to exemptions under the Data Protection Act 2018, your rights may not apply to information created by the court or that is part of a criminal investigation or proceeding.
 
To find out more about your rights under the UK GDPR, please visit the Information Commissioner’s website.

To request a copy of your data or ask questions about how it is used, please download a copy of our form  and send it to: -
 
Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 9GL
Or email: Inforights@knowsley.gov.uk

Who can I complain to if I am unhappy about how my data is used?

You can complain directly to the Council’s Data Protection Team by writing to: -

Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 9GL

Or email: data.protection.officer@knowsley.gov.uk
You also have the right to complain to the Information Commissioner’s Office using the following details: -
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.org.uk

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