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Children's Services privacy notice

How your personal information is used by Children’s Services

Here at Midlothian Council, we take your privacy seriously. Under the Data Protection Act 2018, you have a right to know how we collect, use and share your personal data. The information below provides a general description of the kinds of personal data we collect in Children’s Services as we work to keep children safe, and how we might use and share it.

You can find more detailed information about how and why we use your data in individual Privacy Notices, which we issue when we collect your data. The information we collect will depend on the work we need to do, or the service you get from us. A list of individual service privacy notices can be found below (as they become available). 

Our Privacy Promise

We promise to collect, process, store and share your data safely and securely.

What lets us collect your information?

If we find out that children are not safe, we have a legal duty to take action. When we do this we are working under the:

  • Children and Young People (Scotland) Act 2014
  • Social Care (Self-directed Support) (Scotland) Act 2013
  • Social Work (Scotland) Act 1968
  • Children (Scotland) Act 1995

What kinds of personal data do we collect?

The personal data we collect might include your name, date of birth, address, National Insurance number, or other information that identifies you.  If necessary, we might also collect what is called ‘special category’ data – that is, sensitive information such as medical/health information, racial or ethnic origin, sex or gender, religious beliefs and political opinions.

How do we collect your personal data?

We collect your personal data in many different ways. You might give us your personal data yourself, by entering your information onto a form on the Council website or by contacting a Council officer in person, in writing or over the phone. We might also receive your personal data from other agencies or local authorities. We share information regularly with partner agencies and other organisation, the conditions for sharing your personal data are set out in an Information Sharing Agreement.

How do we use your personal data?

Your personal data may be used so that Children’s Services can deliver its main functions. These functions include:

  • Child protection
  • Providing reports as requested to the Scottish Children’s Reporters Administration
  • Working with partners such as health, education, police and the voluntary sector.
  • Assessing and providing resources for children when eligible
  • Residential and day services for children
  • Working with and providing support and resources for children with severe and complex needs and/or learning disabilities
  • Throughcare/aftercare and continuing care
  • Reports for Looked after at home and away from home
  • Reports for court
  • Early Intervention and Prevention assessments
  • Youth justice
  • Fostering and adoption

Specific information about how we use your personal data is covered in service-specific Privacy Notices.

Why do we share your personal data?

We might share your personal data in order to effectively deliver our services.  This might be because another agency has been contracted to provide a service, or because responsibility for particular services is shared across multiple agencies or authorities.  If it is believed a child or young person may be at risk of harm or may pose a risk to someone we have a duty to share information with our partner agencies.

Specific information about how and why your personal data is shared is covered in service-specific Privacy Notices.

With whom do we share your personal data?

If necessary, we might share your personal data with other agencies and authorities, depending on the service being provided. We will only share your personal data if it is necessary to do so, and the appropriate conditions have been met.

In general, the external bodies with whom we share information might include:

  • Other Local Authorities
  • Central government or government agencies
  • Regulators
  • NHS
  • Police: where appropriate for the purposes of child protection and PREVENT (duty under the Counter Terrorism Act 2015)
  • Courts
  • Solicitors
  • Children’s Scottish Children’s Reporter Administration
  • Professional forums
  • Charities and advice organisations / third sector partner organisations
  • Associations, such as Housing Associations
  • Contractors
  • Councillors
  • Landlords, hostels and accommodation providers
  • Foster carers
  • Prospective adopters

Personal data also might be shared between Midlothian Council services, including Schools.

Specific information about other bodies with whom we share your personal data is covered in service-specific Privacy Notices.

How long do we keep your personal data?

Your personal data is kept in line with Midlothian Council’s Retention Schedule. The retention schedule sets out the kinds of information the Council creates and uses, how long it should be kept, and what should be done with it at the end of its ‘life’.

Further information

You can find out more about how we use your information to detect and prevent fraud or crime, information collected through our website, recorded telephone calls, CCTV, the rights you have under the Data Protection Act, and how to contact us by referring to the overarching Midlothian Privacy Notice.