Local Authority Designated Officer (LADO) privacy notice
Who do you keep information about?
We keep information about adults who work with children against whom a safeguarding concern is identified. We may also process information about the child and other individuals involved in the case.
Why do you keep information about me?
Darlington’s Local Authority Designated Officer (LADO) Service provides advice and guidance for those who employ adults in the children’s workforce where a safeguarding concern is identified as below:
- 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 in a way that indicates they may not be suitable to work with children?
We collect and use your personal information to carry out tasks to comply with our legal obligations, and to carry out tasks in the public interest. We rely on the following legal bases under UK GDPR:
- Article (6)(1)(c) - processing is necessary for compliance with a legal obligation to which the controller is subject; and
- Article (6)(1)(e) - Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
When we collect or share special category personal data, we rely upon the following legal bases under UK GDPR:
- Article 9(2)(h) - processing is necessary for the purposes of… the provision of health or social care or treatment or the management of health or social care systems and services on the basis of domestic law…
We rely on the following laws, and national guidance to assist us in processing your personal data:
- Children Act 1989
- Children Act 2004
- Children and Social Work Act 2017
- Working Together to Safeguard Children 2023
- Keeping Children Safe in Education 2020.
Who can see my information?
The LADO and their line manager have access to the information which may be shared with Children’s Services and those teams with Darlington Borough Council working to improve outcomes for children and young people; commissioned providers of Local authority services (such as Independent Foster Care Agencies, Children’s Homes, Semi-Independent Accommodation Providers, Supported Lodgings Providers, Residential Special Schools and Secure accommodation); the Police; other local authorities; Education including Early Years, Local Education Authority; academies; private, independent and unregistered schools; NHS England; employers, including voluntary and charity organisations; NSPCC; Ofsted; Care Quality Commission and the Crown Prosecution Service.
How do you store the information you keep about me?
Information is stored securely on the Council’s IT systems and paper documents are stored in secure Council offices in lockable filing cabinets.
How long do you keep information about me?
| Content / Type | Scenario | Timescale for review | Action | Rational |
|---|---|---|---|---|
| Contacts, Initial Considerations and Referrals that do not Progress | All contacts, Initial Considerations and referrals into LADO where it is clear that there is no evidence to substantiate the allegation | Reviewed 10 years from the date of closure | All information should be deleted or removed, unless at that point the LADO is able to rationalise why the information should be retained. | A decision to retain information beyond 10 years may be taken by the LADO if patterns or behaviour are emerging that suggest the person could continue to pose risk of harm. |
| Malicious, False or Unfounded | All cases that progress to strategy meeting whereby the allegation is found to be Malicious, false or unfounded. | Reviewed after 10 years from the date of closure | If no additional information or evidence is brought to light during this period, the information should be deleted or removed, unless the LADO is able to rationalise why the information should be retained. | A decision to retain information beyond 10years may be taken by the LADO if patterns or behaviour are emerging that suggest the person could continue to pose risk of harm. |
| Unsubstantiated | All cases that progress to strategy meeting whereby the allegation is found to be unsubstantiated. | No Date for review | These records should be retained until the alleged perpetrator reaches the age on 100 years. Following this time they should be deleted and destroyed. | For cases that are deemed unsubstantiated there is neither evidence to confirm or deny the alleged incident happened and therefore the risk in deleting this information is too high information sooner. The decision made to retain records whereby the outcome is unsubstantiated comes from the Bichard enquiry regarding Ian Huntley who had a series of unsubstantiated allegations against him that presented a pattern of concern. |
| Substantiated | All cases that progress to strategy meeting whereby the outcome is found to be substantiated. | No Date for review | These records should be retained until the alleged perpetrator reaches the age of 100 years. Following this time they should be deleted and destroyed | Substantiated case should not be deleted or removed sooner than this time as the outcome suggests the person poses risk of harm to children and the information should remain. This allows for allegations that may be made once the person has died per Jimmy Savile and Cyril Smith. |
How did the Council get my personal data?
In cases where your personal data was obtained from a source other than yourself or your representative, we will inform you of the origin of the information within 1 month, unless that information is being used to contact you, in which case, that information should be provided to you at the latest, upon first communication with you. However, it is not necessary to provide that information in cases where you already possess the information, where recording or disclosure is expressly laid down in law or where provision of the information proves impossible or would involve disproportionate effort.
What sort of information do you keep?
We may use the following information about you to make sure that we provide you with the right service, advice or support. We will only use the minimum amount of information necessary to do so and will take every reasonable step to ensure the information is accurate.
Personal data:
- Name
- Address
- Contact Details
- Date of Birth
- Gender
- Family details and dates of birth
- Position / Employer
- Employment Information and contact details
- Police record information
- Record of allegation
Special Categories of personal data:
- Ethnicity
- Nationality
- Record of allegation
- Police record information