Allegations about Persons in Positions of Trust (LADO) privacy notice

Portsmouth City Council (“the Council”, “we”, “us”) is the data controller for the personal information described in this notice.

This is a service-specific privacy notice for how we process personal information when we carry out our Local Authority Designated Officer (LADO) function in relation to allegations about people in positions of trust who work or volunteer with children.

This notice explains:

• What personal information we collect
• Where we get it from
• Why we use it and our lawful bases
• Who we share it with
• How long we keep it
• How we keep it secure
• Your rights and how to contact us

For how Portsmouth City Council uses personal information more generally, read our corporate privacy notice.

• Data Controller: Portsmouth City Council (Registration Number Z5578313)
• Address: Civic Offices, Portsmouth, PO1 2AL
• Data Protection Officer (DPO) Email: DataProtection@portsmouthcc.gov.uk
• Telephone: 023 9282 2251

If you have questions about this notice, or want to exercise your rights, contact the DPO using the details above.

Working Together statutory safeguarding guidance requires the Council, as a local authority, to have arrangements for managing and overseeing allegations against people in positions of trust who work or volunteer with children, including passing relevant allegations to the designated officer (LADO) without delay.

This notice applies to personal information processed by the LADO function in connection with:

• people who work or volunteer with children and are the subject of an allegation or concern (sometimes called “people in positions of trust”)
• children and their families, where relevant to the allegation and safeguarding context
• employers, volunteer organisations, agencies, and professionals involved in managing the allegation

To carry out the LADO function effectively, we may collect and record personal information about:

1) People in positions of trust (subject of the allegation)

• identity and contact details (for example name, address, date of birth)
• role details (job/volunteer role, organisation)
• details of the allegation/concern and relevant context

2) Children and families (where relevant)

• identity and contact details (for example name, address, date of birth)
• details of safeguarding concerns or welfare circumstances relevant to the allegation
• in some cases, information about the children of people in positions of trust

3) Employers / organisations / professionals involved

• professional contact details (email, address, telephone)
• organisational information relevant to managing the allegation

Special category and criminal offence data

Allegations and safeguarding contexts can involve information that is treated as special category data (for example health or welfare details) and may include information connected to criminal allegations. We only process this type of information where the law allows and with appropriate safeguards.

Depending on the circumstances, we may get personal information:

• directly from you (for example, if you contact the Council or the LADO)
• from employers and organisations that engage people in positions of trust (employees, volunteers, contractors)
• from Council safeguarding arrangements and partners involved in children’s safeguarding and welfare (including the Multi‑Agency Safeguarding Hub (MASH))
• from LADOs in other local authorities where this is needed to support safeguarding across local authority areas
• from police and other agencies where relevant to safeguarding and investigations

If we receive your personal information from another organisation (rather than from you directly), data protection law expects us to provide privacy information within required timescales unless an exception applies (for example, if providing the information would be impossible, would involve disproportionate effort, or would seriously impair the objectives of the processing).

We use personal information to:

• ensure allegations about people in positions of trust are managed appropriately, with oversight and coordination where needed
• advise employers/organisations about appropriate actions to help them safeguard children
• support the planning of coordinated responses (including holding and minuting LADO strategy meetings where required)
• monitor and record the progress and outcomes of allegations, actions taken and advice given

Lawful basis (UK GDPR Article 6)

We process personal information because it is necessary for the performance of a task carried out in the public interest or in the exercise of the Council’s official authority (Article 6(1)(e)).

Special category data (UK GDPR Article 9)

Where special category data is processed, we do so because it is necessary for reasons of substantial public interest with appropriate safeguards (Article 9(2)(g)).

Supporting law / statutory duties

The LADO processing described in this notice is supported by safeguarding law and statutory guidance, including duties under the Children Act 2004 and Working Together statutory guidance.

We share personal information only where lawful and necessary to support safeguarding and the management of allegations. This can include sharing with:

• relevant Council teams and officers involved in safeguarding and children’s welfare
• the Multi‑Agency Safeguarding Hub (MASH) and other safeguarding partners
• police (for example, where a crime is suspected) and children’s social care where a child may be at risk
• LADOs in other local authorities where relevant to safeguarding across areas
• employers and organisations that engage people in positions of trust, to discuss actions and outcomes needed to safeguard children
• professional bodies and regulators where referral or notification may be appropriate (examples listed in the existing notice include HCPC, General Teaching Council, NMC, Ofsted, Charity Commission, DBS)
• in some circumstances, the LADO may also contact the individual directly where they are self‑employed or where an employer/organisation has not taken appropriate action to safeguard children

Where LADO strategy meetings take place, meetings minutes are taken and shared only on a strict need‑to‑know basis and where lawful.

We do not use personal information collected under this process for marketing.

This processing is primarily UK‑based. If, in exceptional circumstances, personal data needs to be transferred outside the UK, we will ensure appropriate safeguards are in place in line with UK GDPR requirements.

Personal information collected by the LADO is kept in line with the Council’s records management policies and the Council’s records retention schedule.

Independent Inquiry into Child Sexual Abuse (IICSA)

To comply with the IICSA directive (2015), the Council is required to retain records that may be relevant to the inquiry until further notice. The Council considers information about allegations relating to people in positions of trust is likely to be relevant and intends to retain this information accordingly.

Information provided to the LADO is held in a secure storage system with access restricted to authorised Children’s Social Care senior staff.

The Council has policies and procedures in place to help ensure personal data is:

• protected from accidental or deliberate compromise
• accessed, altered, disclosed, or deleted only by authorised people
• accurate and complete for the purpose we are processing it for
• backed up and kept available as needed
• protected by security measures appropriate to the risk

You have rights under data protection law. These can include:

• Access (subject access request)
• Rectification (correction)
• Erasure (in limited circumstances)
• Restriction of processing
• Objection (especially where we rely on public task)
• Data portability (in limited circumstances)
• rights relating to automated decision-making and profiling (if applicable)

Right to erasure (important note)

The right to erasure does not provide an absolute “right to be forgotten”. Where we process data to perform a task in the public interest / for our official functions with a clear basis in law, this right will not automatically apply.

To make a request to access personal information held by Children’s Social Care in connection with this process, the existing notice signposts:

Access to Records Co‑ordinator
Children’s Social Care
Civic Offices
Guildhall Square
Portsmouth
PO1 2EP

For any data protection concerns, or to exercise your rights more generally, contact the Council’s Data Protection Officer using the details above.

If you have a complaint or query about how we collect and use personal information, if you would like a change to be made to your record, or want to object to processing, please contact us using the details above.

If you are not satisfied with our response, you can complain to the Information Commissioner’s Office (ICO):

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

This privacy notice was last updated on 22 August 2018. It may be updated to reflect changes in law or service delivery.