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 YOS for a copy.
What information do we collect?
Personal information is collected in several ways including by email, letter, telephone, and face to face interviews or meetings. We collect and hold the following information in relation to children and their families, including that of parents/carers, siblings, and any close relatives:
- Personal data (names, dates of birth, addresses, telephone and email contact details, NHS numbers, unique pupil numbers).
- Characteristics (gender, ethnicity, languages spoken, religious beliefs).
- Health needs (physical and emotional), medical history, any disabilities.
- Immigration status.
- Educational data including schools attended, levels of attendance, attainment and achievement, details of any special educational needs and any exclusions.
- Data regarding criminal offences, court appearances, and outcomes.
- Details of witnesses or victims of crime.
- Information regarding children’s needs and support provided (referrals and assessments, details of any statutory plans such as Child Protection Plans, and information relating to whether the child is in the care of their local authority).
- Details of any wider health or social care help that family members receive.
- Documents received by the Youth Offending Services including referrals and reports from other professionals.
Who do we collect information from?
We collect personal information about children we work with from:
- Youth Offending Teams (YOTs).
- Secure establishments ((Secure Children’s Homes, Secure Training Centres)
- Youth Custody Service (YCS).
- Police National Computer (PNC).
- HM Courts.
Why Do You Need My Information?
Personal information is processed to fulfil the following purposes:
- To support those children who are:
- bailed from courts.
- supervised on formal Court Orders or out of court disposals.
- remanded into youth detention accommodation.
- given custodial sentences.
- The prevention of crime.
- Assessment of need and risk.
- Safeguarding of children and other vulnerable individuals.
- Prevention of offending or re-offending by children through programme interventions.
- Protection of the public.
- Reporting on the performance of the YOT to the Ministry of Justice to fulfil statutory obligations.
- To compile reports for local agencies who are detailed in “Who Will My Information Be Shared With?” and Council committees (e.g. Scrutiny committee) This is to help evaluate current services and help plan for future services to meet local needs.
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 basis 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)(a) – The individual has given explicit consent to the processing of their personal data for one or more specified purposes.
- Article 9(2)(f) - Legal claims or judicial acts
- Article 9(2)(g) - Reasons of substantial public interest. We rely on the ‘administration of justice’, “statutory and government purposes”, and ‘safeguarding of children and of individuals at risk’ purposes conditions from Schedule 1, Part 2, 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 conditions in UK law relating to processing that takes place under the Article 9(2)(h) lawful basis are provided in the Data Protection Act 2018, particularly, Schedule 1, Part 1, Paragraphs 2(2)(d) the provision of health care or treatment; and (2)(e), the provision of social care.
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.
- Children and Families Act 2004.
- Special Educational Needs and Disability Regulations 2014.
- Access to Health Records Act 1990.
- Access to Medical Reports Act 1988.
The nature of our services means that we need to collect data about criminal offences. To process this data, we must comply with Article 10 of the UK GDPR. Knowsley Council meets this requirement.
Who Will My Information Be Shared With?
Information may be shared with the following agencies:
- HM Courts and Tribunal Service.
- Children and Family Court Advisory and Support Services (CAFCASS).
- Merseyside Police and other police forces.
- Children’s Social Care including Early Help.
- National Probation Service.
- Education Providers including schools.
- Substance Misuse Agencies.
- Other Youth Offending Teams.
- Other Local Authorities.
- Youth Justice Board for England and Wales.
- Youth Custody Service (Youth Offending Institutions, Secure Training Centres/Homes).
- Career Connect.
- Knowsley Advice Guidance and Support Service (KAGS).
- CACI (Case Management System Supplier).
- NTDMS (National Treatment Agency for Substance Misuse).
- Children’s Homes and other Accommodation Providers.
- Care Quality Commission (CQC).
- MYA- Knowsley Integrated Youth Service Offer.
- Lawyers (for the local authority and for children if you have instructed one to represent you).
- Employers.
- Family, associates, and representatives of the children whose personal data we are processing.
- Knowsley Education Psychology Service.
- Mersey Care NHS Foundation Trust.
- Wirral Community Health and Care NHS Foundation Trust (universal 0-25 service)
- Change, Grow, Live (CGL) – Drug and Alcohol Service
If your family is assessed as eligible to receive support from the Supporting 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 YOS works with all children who come into contact with the criminal justice system because they have committed an offence. The YOS looks at the situation of every child 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.
Information you provide will enable the YOS to plan and support you and your family, however, information about you may be requested by the court and it can affect plans if it is not shared.
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:
We appreciate open and honest relationships, so we 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 to the Probation Service |
We may hold some data 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 regard 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 visit our data protection section or contact:
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