Children and families and justice social work services privacy notice

The personal information you provide to us or we collect about you (your information) will be processed by East Dunbartonshire Council.

Your information will be processed by East Dunbartonshire Council so we can provide you with a social work service if appropriate and fulfil a range of statutory duties of EDC in relation to Child And Public Protection. We provide our social work services through East Dunbartonshire Health & Social Care Partnership (HSCP). The Council remains responsible for controlling your data.

These social work services include:

• Advice and Response.
• Child Protection, Adult Support and Protection and Public Protection/
• Alcohol and Drug Services.
• Assessment.
• Care Planning.
• Looked After Children’s Services.
• Accommodate Children’s Services.
• Children with Disability.
• Community Justice.
• Criminal Justice.
• Prison Throughcare.
• Youth Justice.
• Throughcare.
• Aftercare.
• Individual and Groupwork.
• Fostering.
• Adoption.
• Kinship Care.
• Continuing Care.
• Community Support.
• Residential Child Care.
• Prison based Social Work Services

If the Council has been given your information by another person or organisation, for example Education, GP or Police Scotland, we will process your information in the same way as if you had given us it yourself.

As well as identifying information, such as your name, age and contact details, we will also process information which is sensitive in nature. This will include information about your health, heritage, beliefs, and sexual orientation. We do this so that we can provide you with support in a form and manner which is respectful of your personal characteristics.

Your information will only be accessed by employees who are involved in providing you with a social work service. This includes Council staff based in the Contact Centre and Hubs in addition to those in the HSCP. Under the Public Bodies (Joint Working) (Scotland) Act 2014, some staff employed by NHS Greater Glasgow & Clyde within the HSCP will have limited access to your social work service record.

Your information might be shared with

• Your power of attorney, guardian or representative if you have one.
• Scottish Children’s Reporter’s Administration.
• Scottish Courts.
• Scottish Prison Service.
• Healthcare professionals employed within the HSCP.
• Your GP and other healthcare professionals employed or contracted by NHS Greater Glasgow & Clyde.
• Independent service providers commissioned to provide services on behalf of the Council/HSCP.
• Other Council services.
• Glasgow & Partners Emergency Social Work Service.
• Other local authorities.
• Housing providers.
• Other providers of goods and services.
• The Care Inspectorate.
• The Office of Public Guardian.
• The Mental Welfare Commission for Scotland.
• Scottish Public Service Ombudsman.
• Police Scotland.
• Scottish Fire & Rescue.
• UK Benefits Agency.
• The Parole Board For Scotland.
• Multi Agency Public Protection Arrangements.
• Protection of Vulnerable Groups.
• Governmental Departments.

Your information will always be shared with these people and organisations on a “need to know” basis. This is so we can assess your needs and your eligibility for a social work or social care service, and thereafter so we can provide you with the most suitable services to support and protect you or your child, and meet your needs. Specific details about who your information will be shared with, and why, will be discussed with you, and included in any care, support and/or protection plan you may have. In certain cases we are required to share information with Police Scotland, Scottish Prison Service, The Parole Board and Scottish ministers in respect of our responsibilities for the management of offenders and the prevention and detection of crime.

Your Information may also be shared with such people if we are required by law to provide such information to them, or if required for statistics and research purposes.

To make sure we are sharing your information safely and securely with other organisations, we have agreed information-sharing protocols or memorandums of understanding with them. For example, details of the information sharing protocol between East Dunbartonshire Council and Greater Glasgow and Clyde Health Board.

For commissioned services, details of how we share your information will be included in our contracts with them.

The use of your information is necessary to allow the Council to fulfil its legal obligations under the following legislation, as appropriate to your circumstances:

• S.12 of the Social Work (Scotland) Act 1968. This contains the Council’s general duty to assess your social needs and, where appropriate, arrange for relevant services to support you.
• Adults with Incapacity (Scotland) Act 2000. This Act requires the Council to ensure your welfare if you have lost decision-making capacity, and to share your information with anyone who has proxy decision-making powers for you under the Act, such as a power of attorney or guardian.
• Regulation of Care (Scotland) Act 2001. This Act requires the Council to keep and share your information with the Care Inspectorate when you are receiving social care services provided or commissioned by the Council/HSCP.
• Mental Health (Care & Treatment) Scotland Act 2003. This Act requires the Council to provide a mental health officer service when you require care and/or treatment for a mental disorder.
• Adult Support & Protection (Scotland) Act 2007. This Act requires the Council to make inquiries where it is known or believed you are an adult at risk of harm, and to intervene if necessary to protect your wellbeing, rights and property.
• Carers (Scotland) Act 2016. This Act requires the Council (and other organisations) to offer adult carers a support plan.
• Public Finance and Accountability (Scotland) Act 2000: The Council may have to disclose personal information to Audit Scotland for data matching purposes in order to prevent and detect crime and fraud.
• Local Government (Scotland) Act 1973: The Council must make arrangements for the proper administration of our financial affairs and prevent and detect fraud.
• A full and detailed list of legislation governing Children and Families and Justice Services is attached.

The Council also has to process your information to carry out the following task in the public interest:

• Prevention and detection of fraud in relation to the administration of public funds.

East Dunbartonshire Council uses the Scottish Council on Archives Records Retention Schedules (SCARRS) to manage the amount of time the Council keeps information. Further information on these can be found on the. Scottish Council on Archives website.

Your information will kept for a minimum period of time after you last receive a service from us. How long we keep your information varies depending on the type of service you receive from us and the legislation we are acting under. The main record categories and how long we will keep your information for are as follows:

Adoption (Intercountry Aspects) Act 1999.
Adoption and Children (Scotland) Act 2007.
Age of Legal Capacity (Scotland) Act 1991.
Carers (Scotland) Act 2017.
Child Support Act 1991.
Children (Leaving Care) Act 2000.
Children (Scotland) Act 1995.
Children's Hearings (Scotland) Act 2011.
Children and Young Persons (Scotland) Act 1937.
Children and Young Persons (Scotland) Act 2014.
Civil Partnership Act 2004.
Commissioner for Children and Young People (Scotland) Act 2003.
Education (Additional Support For Learning) (Scotland) Act 2004 - in force November 2005.
Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002.
Education (Scotland) Act 1980.
Education (Scotland) Act 1981.
Family Law (Scotland) Act 1985.
Family Law (Scotland) Act 2006.
Foster Children (Scotland) Act 1984.
Human Fertilisation and Embryology Act 1990 Matrimonial Homes (Family Protection) (Scotland) Act 1981.
Protection from Abuse (Scotland) Act 2001.
Protection of Children (Scotland) Act 2003 - repealed by the Protection of Vulnerable Groups (Scotland) Act 2007.
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 Standards in Scotland's Schools etc. Act 2000.
Adult Support and Protection (Scotland) Act 2007 Adults with Incapacity (Scotland) Act 2000.
Chronically Sick and Disabled Persons (Scotland) Act 1972 Chronically Sick and Disabled Persons Act 1970.
Community Care (Direct Payments) Act 1996.
Community Care and Health (Scotland) Act 2002.
Health and Social Services and Social Security Adjudication's Act 1983.
Mental Health (Care and Treatment) (Scotland) Act 2003.
Mental Health (Patients in the Community) Act 1995.
National Assistance Act 1948.
National Health Service and Community Care Act 1990.
Prisons (Scotland) Act 1989.
Rehabilitation of Offenders Act 1974.
Sexual Offences (Amendment) Act 2000,.
Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 Sexual Offences Act 2003.
Sexual Offences (Scotland) Act 2009.
Social Work (Scotland) Act 1968.

Child protection has to be seen in the context of the wider Gettinq It Riqht For Every Child (GIRFEC) approach and the Early Years Framework and the UN Convention on the Rights of the Rights of the Child. Children and young people have the right to be cared for and protected from harm and abuse and to grow up in a safe environment in which their rights are respected and their needs met. Children and young people should get the help they need, when they need it, and their welfare is always paramount.

The legal duty to investigate and report in relation to child care issues is derived from two sources: The Police (Scotland) Act 1967 which provides the mandate for police officers; and the Children (Scotland) Act 1995, section 53 provides the mandate for local authorities.

Although the above remain the primary legislation, concerned with the duty to protect children. Additional areas of legislation, are also of relevance as follows:

Social Work (Scotland) Act 1968.
Local Government in Scotland Act 2003.
Education (Additional Support for Learning) (Scotland) 2004 and 2009.
Protection of Vulnerable Groups (Scotland) Act 2007.

Crime and Disorder Act 1998.
Crime and Punishment (Scotland) Act 1997.
Criminal Justice (Scotland) Act 2003.
Criminal Justice and Licensing (Scotland) Act 2010.
Criminal Law (Consolidation) (Scotland) Act 1995.
Criminal Procedure (Amendment) (Scotland) Act 2002 Criminal Procedure (Amendment) (Scotland) Act 2004.
Criminal Procedure (Scotland) Act 1995.
Management of Offenders etc. (Scotland) Act 2005.
Mental Health (Public Safety and Appeals) (Scotland) Act 1999.
Misuse of Drugs Act 1971.
Prisoners and Criminal Proceedings (Scotland) Act 1993.
Data Protection Act 1998.
Human Rights Act 1998.

Legislation Defining Offences against Children.
Sexual Offences (Amendment) Act 2000.
Protection from Abuse (Scotland) Act 2001y.
Prohibition of Female Genital Mutilation (Scotland) Act 2005.
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.
Sexual Offences (Scotland) Act 2009.
Legislation on Managing Adults Who May Pose a Risk to Children.
Protection of Children (Scotland) Act 2003.
Protection of Vulnerable Groups (Scotland) 2007.
Legislation on Criminal Proceedings and Witness Supports.
Sexual Offences (Procedure and Evidence) (Scotland) Act 2002.
Vulnerable Witnesses (Scotland) Act 2004.

Asylum and Immigration Act 2004,
Anti-social Behaviour (Scotland) Act 2004.
Adoption and Children (Scotland) Act 2007.
The Mental Health (Care and Treatment) (Scotland) Act 2003.
Social Work (Scotland) Act 1968.
Age of Legal Capacity (Scotland) Act 1991.
Children (Scotland) Act 1995Carers (Recognition and Services) Act 1995.
Criminal Procedure (Scotland) Act 1995.
Human Rights Act 1998.
Protection from Abuse (Scotland) Act 2001.
Community Care and Health (Scotland) Act (2002).
Criminal Justice (Scotland) Act 2003.
Protection of Children (Scotland) Act 2003.
Mental Health (Care and Treatment) (Scotland) Act 2003.
Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003.
Education (Additional Support for Learning) (Scotland) Act 2004.
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.
Protection of Vulnerable Groups (Scotland) Act 2007.
Adult Support and Protection (Scotland) Act 2007.
Adoption and Children (Scotland) Act 2007.
Sexual Offences (Scotland) Act 2009.
Education (Additional Support for Learning) (Scotland) Act 2009.
Public Services Reform (Scotland) Act 2010.
Children's Hearing (Scotland) Act 2011.
Social Care (Self Directed Support) (Scotland) Act 2013.

Looked after Children (Scotland) Regulations 2009.