Privacy Notice and Data Protection

Introduction

The Local Authority Designated Officer (LADO) has statutory responsibility for the management and oversight of cases where there are safeguarding concerns or allegations made against people who work, volunteer, or are in a position of trust with children in any setting across London Borough of Sutton (LBS). The LADO collects and shares information from and with relevant agencies to decide whether it meets the threshold for a criminal, child protection or disciplinary investigation, or if it should be dealt with by the individual’s employer as a concern or complaint. The main agencies are the police, children’s social care, education settings and Ofsted.

The LADO  provides this advice and guidance where a safeguarding concern is identified that an adult working with children has:

• behaved in a way that has harmed a child, or may have harmed a child
• possibly committed a criminal offence against or related to a child, or
• behaved towards a child or children in a way that indicates he or she may pose a risk of harm to children
• behaved or may have behaved in a way that indicates they may not be suitable to work with children 
• behaves in a manner that discriminates against a child on the basis of one or more of their protected characteristics 

Personal data we collect

To fulfil their statutory functions, the LADO collects personal and special category information about:

• People in positions of trust who work or volunteer with children who are brought to the attention of the LADO
• Children and their families and their personal welfare and safeguarding circumstances
• Organisations who engage people in positions of trust (e.g. as employees, volunteers or contractors)

Individuals referred to the LADO

• Name
• Address and contact details
• Date of birth
• Equalities information
• Employment
• Information from the local authority from where you live and previously lived
• Other agencies involved
• Criminal offence information
• Housing information 
• Family/relationship information

Referrer’s personal information 

• Name
• Position/job role
• Contact details such as email, address and telephone numbers

Children and families 

• Name
• Date of birth
• Address
• Parent/carer names and contact details
• Details of any safeguarding concerns and circumstances

How we use your personal data

The LADO uses personal information to:

• ensure allegations about people in positions of trust are investigated thoroughly
• advise organisations who engage or employ people in positions of trust on actions in order to enable them to safeguard the children who use their services and/or are in their care
• monitor and oversee the progress and outcomes of any allegations and to convene a LADO Allegations Against Staff and Volunteers (ASV) meeting with relevant LBS Officers, police and other agencies as well as employers and representatives from organisations who engage volunteers where a coordinated and/or collective response is required.
• share details of allegations with other persons or bodies in LBS who have a role in ensuring children’s safeguarding and welfare, including the Single Point of Access
• share information with LADOs in other local authorities to enable them to fulfil their respective statutory duties 
• notify professional organisations and other bodies of allegations and concerns where people in positions of trust are self-employed or where an employer or volunteer organisation has failed to take appropriate action to safeguard children.

Legal basis for processing your personal data

Article 6(1)(e) - processing is necessary for the performance of a task carried out in the public interest or in the exercises of official authority vested in the parties.

Special category data

Article 9 2(g) substantial public interest - processing is necessary for reasons of substantial public interest, on the basis of law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject

This condition is met for safeguarding children and individuals at risk (Para 18, Schedule 2, Data Protection Act 2018). 

These legal bases are under the UK GDPR and Data Protection Act 2018 and are supported by the following legislation: 

• Working Together to Safeguard Children 2018
• Section 11, Children’s Act 2004

How long your personal data will be kept

Contacts and consultations: last contact + 10 years

No investigation, malicious, false and unfounded: last contact + 10 years

investigations, substantiated or unsubstantiated: until the data subject has reached normal retirement age or for a period of 10 years from the date of the allegation if that is longer

Who we share your personal 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 LB Sutton 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. 

Some of the organisations that we share data with include (but aren't limited to) the following:

• Police
• Departments in LBS including children’s social care and education teams (COGNUS)
• Department for Education
• Other local authorities 
• Ofsted
• Judicial agencies 
• Disclosure & Barring Service (DBS)
• Health and Care Professions Council (HCPC)
• Social Work England
• The Teaching Regulatory Authority (TRA)
• The Nursing and Midwifery Council (NMC) 
• Disclosures and Barring Service (DBS)