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Fostering and Adoption Privacy Notice

Fostering and Adoption Privacy Notice

Data Controller

Your personal information will be processed by Clackmannanshire Council, Kilncraigs, Greenside Street, Alloa FK10 1EB. Our data protection statement is available to refer to.

You can contact the Council on 01259 450000 or email: dpo@clacks.gov.uk.

Purpose

Your information is being collected to use for the following purposes:

Fostering and adoption is when a child or young person is placed with a foster carer or adopter because they cannot continue to live with their birth families. 

The Looked After Children (Scotland) Regulations 2009 and the associated Guidance (Scottish Government, 2011) provides explicit policy, procedural and practice framework in the implementation of child welfare legislation in respect of children who looked after away from home.  

Information will be gathered to support Clackmannanshire Council’s role in promoting the welfare and needs of children and young people who are looked after away from home in fostering or adoption households.

For children and young people who are looked after by Clackmannanshire Council, their Foster carers and adopters will always be approved by Clackmannanshire Council Fostering Panel. 

Data will be gathered for the assessment and support of Adopters, and the assessment, supervision and review of Foster Carers and can include:

  • Personal information (such as name, date of birth and address)
  • Characteristics (such as gender, ethnicity and disability)
  • Employer, medical, police checks and personal references
  • Dates and personal information of each child placed with a foster carer 
  • Response to recruitment campaigns
  • Timescales for the assessment of applicants 
  • Registration details of all foster carers, including dates and details (ethnic origin, religion, marital status) of registration
  • Record of reviews including timescales, service provider level, supervising social worker
  • Details of carers de-registered
  • Fostering Panel Schedule
  • Details of placement reports requested and received
  • Records of all placements made with Clackmannanshire Council carers
  • Record of training for individual carers
  • Panel reports including adoption matching

Legal basis for collecting the information about you

We process this personal data as it is necessary to help us comply with a statutory obligation under the following legislation:

  • The Children (Scotland) Act 1995 is one of the central pieces of legislation for the Council’s responsibilities to children and young people in need and who are looked after - at home and away from home. 
  • The Children’s Hearings (Scotland) Act 2011, The Adoption and Children Act (Scotland) 2007 and the Children and Young People (Scotland) Act 2014 set out procedures for fostering and adoption and as such any information gathered will be used to support Clackmannanshire Council implementing this legislation.
What personal data is processed?

Personal data such as your name, address and date of birth etc.

We also process personal data which is classified as special category, this would include data such as race, ethnic origin and health, and where appropriate criminal convictions.

Information sharing

Your information may be shared with the following recipients or categories of recipients:

  • Other Council services, for example Education, Housing
  • Health
  • Police
  • Scotlands' Adoption Register
  • Other Local Authorities (Stirling and Falkirk)
  • External Fostering Agencies
  • Reporter to the Children's Panel
  • Court
  • Voluntary organisations

Sources of personal data:

  • Self disclosure
  • Other Council services for example Education, Housing
  • Health
  • Police
  • Reporter to the Children's Panel
  • Court
  • Voluntary organisations
  • Disclosure Scotland

Where is the information held?

The Council will not transfer personal data outside either the UK or the European Economic Area (EEA) unless this cannot be avoided.

The Council will only transfer data outside the UK and the EEA when it is satisfied that the party which will handle the data and the country it is processing it in will provide adequate safeguards for personal privacy. 

On the occasions when it does transfer your information outside the UK or the European Economic Area, the Council will inform you.

Retention 

The Council maintains a Retention Schedule that sets out the periods of time that we apply to keeping particular information, some of which are set down in law. If you wish to get more information about the specific time limit for particular information, please contact the DPO.

Automated decision making

The Council do not envisage taking any decisions about you based solely on automated processing (ie without human involvement), which have a legal or similarly significant effect on you.

Your rights

You have the right to

  • withdraw consent at any time, where the legal basis specified above is consent; 
  • request access to your personal data; 
  • data portability, where the Legal basis specified above is
    • consent or
    • performance of a contract; 
  • to request rectification or erasure of your personal data, as so far as the legislation permits.

If you wish to exercise any of the above rights, please contact the Data Protection Officer on 01259 450000 or email: dpo@clacks.gov.uk.

Right to complain

If you are unhappy with the way the Council has processed your personal data you have the right to complain. Any complaints regarding your data should be addressed to the Data Protection Officer.

If the matter is not resolved, you can contact the Information Commissioner's Office.