Youth Justice Service

Privacy Notice

Why do we collect and use this information?

Hampshire County Council is the Data Controller for the purpose of collecting and using information about you or your child in order to provide support to you or your family to provide early intervention to prevent offending behaviour from occurring and to assist in the rehabilitation of children who have already committed an offence. This information could be provided from various sources including children and young people, parents and wider family members, the victims of the offence and other professionals and partnership agencies (such as health and education services, voluntary agencies and the police).

We may use the personal information collected about you to:

  • undertake an assessment of you, your child’s behaviour and circumstances;
  • develop multi-agency plans;
  • provide support to address any assessed needs;
  • monitor progress against assessments and plans;
  • support you or your child in education;
  • provide reports to the court;
  • provide information to multi agency decision making bodies;
  • assess the quality of our services;
  • evaluate and improve our policies;
  • undertake learning reviews where required for example when a serious offence is committed by a child receiving our services;
  • provide assurance to bodies with responsibility to ensure that our service is meeting relevant national standards;
  • receive and respond to any correspondence regarding your or child’s case;
  • completing statutory returns to central agencies;
  • provide evidence to grant providers that funding is being utilised appropriately; and
  • ensure compliance with our obligations under the accuracy principle of the UK General Data Protection Regulation (Article (5)(1)(d), making sure our records are up to date.

The following sections provide further detail around the information we process setting out what allows us to do this (lawful basis), who we may share it with, how long we keep it for (the retention period), alongside identifying any rights you may have and who to contact if you think we’re not handling your information in the right way.

The categories of information that we collect, hold and share

The following personal and special category information is processed:

  • Personal information such as name, address, date of birth, phone numbers, email and information about characteristics such as ethnicity, gender, religion, language.
  • Information from professionals and agencies about you, your child or your family in support of an assessment such as health services information, cautions and convictions, living conditions, and educational attainment.
  • Information about your or your child’s case which will include information about personal circumstances that you have provided to us.

The lawful basis on which we use this information

We collect and use the information ensuring that we comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA2018) requirements for processing. Namely:

  • Article 6(1)(e) of the UK GDPR – the processing is necessary to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law;
  • Article 9(2) (g) of the UK GDPR – Necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguarding measures; and
  • Sch.1, Pt.2, 1 of the DPA2018 – Substantial public interest conditions, for processing under the DPA2018; and
  • Schedule 7 DPA 2018 - Identifies the YJS as a ‘Competent Authority’ which permits the collection data relating to criminal offences or charges for the purposes of law enforcement.

These articles under the UK GDPR and the DPA2018 are supported by the following specific legislation:

  • Sections 10, 11 of the Children Act 2004;
  • Section 7 of the Young People’s Act 2008;
  • Section 37 of the Crime and Disorder Act 1998; and
  • The Equality Act 2010
  • The Rehabilitation of Offenders Act 1974

Under this lawful basis we do not require your consent to process this information, but we are required, through this privacy notice, to ensure you are fully informed of why we are collecting this information and what we will do with it.

Storing and securing data

The information provided to us will be held within the County Council’s CAPITA One system, which we use to store information on you and your child relevant to our service’s involvement. The information held within CAPITA One will be kept in line with our retention schedule and once that retention has been met it will be securely deleted. The County Council’s CAPITA One system is hosted by CAPITA plc in secure data centres based in the UK. No information leaves the European Economic Area (EEA) and the information is encrypted when in transit between County Council users of the system and the data centre the information is hosted within.

In addition, personal information may also be recorded on Hampshire County Council’s Children’s Social Care Case Management System (CMS). The information held within Hampshire County Council’s Children’s Social Care CMS will be kept in line with Hampshire County Council’s retention schedule and then disposed of as appropriate. The Children’s Social Care CMS is hosted by Hampshire County Council in secure data centres based in the UK. No information leaves the European Economic Area (EEA).

Documents held electronically will be stored within the County Council’s Document Management System (DMS), with any paper versions being destroyed. The information held within the County Council’s DMS will be kept in line with our retention schedule and then deleted as appropriate. The County Council’s DMS is hosted by the County Council in secure UK based data centres, which are on site. No information leaves the European Economic Area (EEA).

The County Council takes its data security responsibilities seriously and has policies and procedures in place to ensure the personal data held is:

  • prevented from being accidentally or deliberately compromised;
  • accessed, altered, disclosed or deleted only by those authorised to do so;
  • accurate and complete in relation to why we are processing it;
  • continually accessible and usable with daily backups; and
  • protected by levels of security ‘appropriate’ to the risks presented by our processing.

The County Council also ensures its IT Department is certified to the internationally recognised standard for information security management, ISO27001.

Who do we share information with?

The YJS is a multi-agency team formed from contributions from health, Probation, Children’s Services Social Care, Police and Education. The following principles are observed when sharing and gathering information:

  • We do not share information with anyone unless there is a lawful basis that allows us to do so. Any information shared will be done so on the basis that it is necessary, relevant and proportional for the task being undertaken.
  • We gather information from a range of professionals and agencies in order to make a full assessment of need and support effective intervention. We will only share information with services where it is necessary, relevant and proportional to you or your child’s individual circumstances.

Professionals and agencies, we may share your or your child’s information with include:

  • County Council and District Authorities services, such as public health, housing, sport, culture and leisure services, licensing authorities and youth services;
  • NHS organisations, including the NHS England and clinical commissioning groups, NHS Trusts and NHS Foundation Trusts;
  • The police, including police and crime commissioners and British Transport Police;
  • Safeguarding Children’s Partnerships;
  • Educational establishments and early years education and childcare providers;
  • The Probation Service;
  • Custody facilities including Young Offender Institutes, Secure Training Centres and secure children’s Homes;
  • Relevant third sector organisations including those associated to provision of youth and leisure services;
  • The Joint Decision Making Panel (JDMP);
  • His Majesty’s Courts and Tribunals Service;
  • His Majesties Inspectorate of Probation (HMIP); and
  • The Youth Justice Board (YJB).

Personal data identified in this privacy notice will be processed through the CAPITA One system. CAPITA One are a data processor for personal information held acting on our instructions for the purpose of delivering a contract to the County Council. This includes them accessing the CAPITA One system to fix any technical issues to ensure the system is fit for use.

Requesting access to your personal data and your rights

Under data protection legislation, individuals have the right to request access to information about them that we hold. To make a request for your personal information, or someone you have responsibility for, please contact the Children’s Services Department’s Subject Access Request (SAR) Team. Find out more about accessing your records.

You also have the right to:

  • prevent processing for the purpose of direct marketing
  • object to decisions being taken by solely automated means
  • in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
  • claim compensation for damages caused by a breach of the Data Protection regulations

Please note that under the UK GDPR, there is also a right to erasure but the right to erasure does not provide an absolute ‘right to be forgotten’. Where the data being processed is for the purpose of ‘performing a task in the public interest or for our official functions, and the task or function has a clear basis in law’ (Article 6(1)(e))’, this right does not automatically apply.

Contact Details

If you would like more information about these services please visit our Youth Offending Team pages.

Further information

The above information is the specific privacy notice for this service. For more information about your rights in relation to your personal data, see the County Council’s general privacy notice.

You have some legal rights in respect of the personal information we collect from you. See our Data Protection page for further details.

You can contact the County Council’s Data Protection Officer by email [email protected].

If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office.