Children in Care Privacy Notice
This privacy notice explains how Cheshire West and Chester Council uses personal information when delivering services for Children in Care and Care Leavers. It describes the types of information we collect, how we use it, who we share it with, how long we keep it, and how we protect your privacy. Our aim is to be clear and transparent so that children, young people, families and carers understand how their information is handled throughout their care journey.
Children in Care (LAC) are children who are in the care of the local authority under the Children Act 1989. This includes children who are the subject of care orders, children provided with accommodation under section 20, children placed with foster carers, children placed in residential settings, and those supported in other forms of regulated or supported accommodation.
We are responsible for safeguarding and promoting the welfare of Children in Care and Care Leavers, ensuring they are healthy, safe, supported in education, and able to develop and thrive. This includes assessing needs, planning care, arranging placements, supporting family contact, overseeing health and education, and preparing young people for independence and adulthood.
As a corporate parent, the Council works directly with children and young people, carers, parents, extended family members, and a wide range of professionals. We maintain detailed case records to understand each child’s circumstances, monitor progress, and ensure decisions are made in their best interests.
For young people leaving care, we continue to support them until at least the age of 25. This may include pathway planning, accommodation support, education, training or employment support, financial assistance, and help to develop independent living skills.
The purpose of this privacy notice is to explain how we use personal information to deliver these services safely, lawfully and effectively.
What information we collect, use, and why
When you are a Looked After Child or a Care Leaver, we collect and use personal information to understand your needs, plan your care, keep you safe, and make sure you receive the support you are entitled to. We only collect information that is relevant, necessary and lawful, and we keep clear records so we can make informed decisions about your care, track progress, and fulfil our responsibilities as a corporate parent.
We collect three main types of information: personal data, special category data, and criminal offence data, depending on your circumstances.
Personal Data
To identify you, communicate with you, arrange visits, coordinate support and keep accurate records.
To confirm your identity, determine the services and legal entitlements appropriate to your age, and ensure accurate matching with other records and agencies.
To understand your family network, parental responsibility, important relationships, and any arrangements for family time or contact.
Details of your placements including foster care, residential homes, supported accommodation, or secure settings. This helps us plan, monitor and review your care and make sure you are safe, well and appropriately supported.
Information about your school, attendance, progress, special educational needs, exclusions, and support plans. This helps us track your development, support your education, and meet our statutory responsibilities for Children in Care in education.
Information about appointments, immunisations, assessments, dental checks, health plans and routine care. This helps us coordinate your health support and monitor your wellbeing.
Records of assessments, care plans, pathway plans, reviews, meetings, decisions, visits, concerns, achievements and your views. These records provide a full picture of your care journey and help us work with you to plan for your future.
Information required to provide allowances, benefits, support payments or help with accommodation, education, training or employment as part of your care plan or pathway plan.
Details of advocacy support, independent visitors, and the views you have asked us to record or share on your behalf.
Special Category Data
Because Children in Care often need additional support, we sometimes need to collect and use more sensitive information where this is necessary and lawful.
This may include:
To ensure your health needs are understood, that you receive the right treatment and support, and that your health assessments and plans reflect your needs.
To support your development, education, access to services, and make reasonable adjustments to support you.
To understand your experiences, monitor your wellbeing, and help us provide appropriate therapeutic, emotional or behavioural support.
To ensure your identity, culture, religion and background are understood and respected as part of your care planning and placement decisions.
To make sure your cultural and religious needs are taken into account and respected in your daily life and support arrangements.
Including experiences of abuse, neglect, exploitation, family history, or other concerns relevant to your safety and wellbeing.
Only where this is necessary to protect your welfare or support your health needs as part of statutory duties.
Criminal Offence Data
In certain circumstances, we also collect information about:
Where this is necessary to safeguard you or others, support you in the Youth Justice system, or inform your care plan.
Information about court orders, offending behaviour, prevention work or multi‑agency interventions, where relevant to your safety, support needs or pathway plan.
Sources of Information
We collect most of the information we use directly from you, your carers or your family during conversations, meetings, visits, assessments and reviews. Because Children in Care often receive support from a wide range of people and organisations, we also receive information from professionals involved in your care, education, health and safety. We only obtain information from others where it is relevant, necessary and lawful to do so.
We receive information from:
Information provided by birth parents, carers, relatives and other people involved in your life, including views shared during meetings, assessments, family time arrangements and care planning.
Information about your daily care, routines, wellbeing, progress, achievements and any concerns relating to your placement.
Information gathered during visits, assessments, planning meetings, pathway planning, statutory reviews and direct support work.
Such as GPs, paediatricians, mental health services, dentists, opticians, school nurses, health visitors and hospital teams, to understand your health needs and ensure health assessments and plans are accurate and up to date.
Including nurseries, schools, colleges, Virtual School teams, SEND services and education support staff. This includes attendance, progress, exclusions, SEN/EHCP information and educational plans to support your learning and development.
Information from statutory LAC reviews, including decisions, recommendations, your views and the oversight of your care plan.
Where needed to understand safeguarding concerns, missing episodes, criminal investigations, exploitation risks, domestic abuse incidents or other information relevant to your safety.
Where you are involved with the Youth Justice system or are affected by the involvement of others in your household or family network.
Such as substance misuse services, domestic abuse services, specialist therapeutic providers, mental health services, victim support and voluntary or community sector organisations.
Information arising from care proceedings, court orders, legal directions, reports and recommendations relevant to your care and family arrangements.
Where you have an advocate or an Independent Visitor who supports your views, wishes and feelings.
Including supervised contact workers, family support workers and others helping to manage or observe family time.
Members of the public, other agencies, or individuals who share information because they are worried about your safety or wellbeing.
We only use information from these sources where it is necessary to support your care, safeguard you, or meet our legal responsibilities. All information shared with us is handled securely and in accordance with data protection legislation.
What your personal information is used for
We use your personal information to understand your needs, keep you safe, plan and review your care, and make sure you receive the support you are entitled to as a Looked After Child or Care Leaver. We only use information where it is relevant, necessary and lawful, and always in your best interests.
Your information is used to:
To build a full picture of your life, experiences, identity, health, education and relationships so we can support you effectively.
To set out where you live, who cares for you, what support you need, how your health and education will be supported, and your goals for the future.
To ensure that you are safe, supported, listened to and that your needs are being met through regular visits, health assessments, education plans, pathway planning and statutory LAC reviews.
To plan and manage foster care, residential care or supported accommodation and ensure that your placement meets your needs.
To help monitor progress, address barriers, organise additional support and meet statutory duties for the education of Children in Care.
To ensure that your health needs are assessed, that you receive the right care and treatment, and that your emotional wellbeing is understood and supported.
To help you maintain or rebuild safe and meaningful relationships with your family and people important to you, where this is in your best interests.
To protect you from harm and work with specialist safeguarding partners where there are concerns about your safety or wellbeing.
To help identify the best options for your care, education, support, family time and long‑term plans, including returning home or transitioning to independence.
To develop your Pathway Plan, support you with accommodation, education, training, employment, life skills and financial support up to age 25.
To record your wishes and feelings, support your participation and ensure your views help shape decisions about your life.
To fulfil our responsibilities under the Children Act, care planning regulations, safeguarding guidance and statutory duties for care leavers.
To maintain accurate records of your care and support, including important events, changes, achievements and outcomes.
We only use your information for purposes directly connected to your care, support and protection, and to meet our responsibilities as your corporate parent.
Who we share your information with
We only share your information when it is necessary, lawful and proportionate to do so. Sharing information helps us keep you safe, make good decisions about your care, coordinate support and fulfil our responsibilities as your corporate parent. We do not share more information than is needed, and we ensure it is shared securely with the right people.
We share information with:
So they understand your needs, routines, risks, strengths and care plan, and can support you safely each day.
Where this is appropriate, lawful and in your best interests, for example to support family time or help plan for your future.
So they can oversee your care plan, chair your statutory reviews and make sure your views are heard.
Including GPs, hospitals, mental health services, school nurses, dentists, opticians and other health professionals to support your physical, emotional and mental health needs.
Such as schools, colleges, Virtual School teams, education psychologists, SEN services and other education providers so they can support your learning, development, attendance and wellbeing.
Where needed to safeguard you, respond to missing episodes, protect you from exploitation, investigate crime or help keep you and others safe.
Where you are working with the Youth Justice Service or where the involvement of someone else in your household or family network affects your safety or support needs.
Where your information is required as part of care proceedings, court hearings, legal decisions or statutory processes involving your care or family arrangements.
Where these organisations are helping support your safety, wellbeing or therapeutic needs.
Where you are receiving independent support to express your wishes and feelings, or where an Independent Visitor is working with you.
Such as housing providers, training providers, employment support services, financial support services, and community organisations who help deliver parts of your plan.
Where required by law, for example to meet statutory reporting duties or to support national monitoring and improvement of services for children in care and care leavers.
All organisations that receive your information are required to handle it securely, lawfully and in accordance with data protection legislation.
Data Processors
We use data processors to support the delivery of services for Children in Care and Care Leavers. Data processors act on our instructions and must follow strict data protection and security requirements. They are not permitted to use your information for their own purposes.
We use the following types of data processors:
- Case management systems: We use secure electronic systems to record and store information about your care, including assessments, care plans, pathway plans, reviews, visits, placement details and key decisions. Access is restricted to authorised professionals involved in your care and support.
- Secure communication platforms: We use approved systems to send emails, documents, meeting invitations and updates between the Council and partner agencies involved in your care, ensuring information is exchanged safely and lawfully.
- Cloud storage and IT service providers: We use Council‑approved technology providers to host information securely, maintain system functionality, carry out back‑ups and provide technical support.
- Online portals and secure transfer tools: We use secure digital services to exchange information with carers, health professionals, legal representatives, advocacy services and other authorised people involved in your care planning or reviews.
- Digital tools supporting placements, reviews and pathway planning: We use secure systems to help coordinate placement information, statutory reviews and pathway planning for care leavers, ensuring accurate records are maintained throughout your care journey.
All data processors are contractually required to protect your information, use appropriate security measures, and process data only for the purposes defined by Cheshire West and Chester Council.
Data Controller
Cheshire West and Chester Council is the Data Controller for the personal information processed as part of services for Children in Care and Care Leavers. This means the Council is responsible for deciding how and why your information is used, and for ensuring it is handled lawfully, fairly and securely in line with data protection legislation.
The Council is also responsible for ensuring that any organisations acting on our behalf, or working in partnership with us to deliver your care and support, process your information safely and only for the purposes we define.
The Lawful Basis for Processing
We do not rely on consent under the UK GDPR to collect, use or share personal information for Children in Care or Care Leavers. The Council is legally required to safeguard and promote the welfare of children in its care, and the processing of personal information is necessary to fulfil these duties.
It is important to understand the difference between:
- (1) Permission to engage with services
- Children, families, carers and young people may be asked to participate in meetings, contribute views, or agree to aspects of support or planning. This relates to engagement with the service, not data protection consent.
- (2) Consent as a lawful basis under UK GDPR
- We do not rely on UK GDPR consent to process personal information for Children in Care. Even if someone does not wish to engage with services, the Council must still process and share information where needed to safeguard a child, meet legal obligations, or carry out statutory duties as a corporate parent.
Lawful Basis for Personal Data
We process personal data under:
UK GDPR Article 6(1)(e) – Public Task
Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
This includes activities such as:
- assessing and reviewing your needs
- planning and delivering your care
- arranging and monitoring placements
- supporting your education, health and development
- overseeing family time and contact
- fulfilling statutory visits, reviews and assessments
- preparing and reviewing pathway plans for care leavers
- working with safeguarding partners to keep you safe
- meeting all legal responsibilities as your corporate parent
Lawful Basis for Special Category Data
We process special category information under:
UK GDPR Article 9(2)(h) – Health or Social Care
Processing is necessary for the provision of social care or the management of social care systems and services.
UK GDPR Article 9(2)(g) – Substantial Public Interest
Supported by the Data Protection Act 2018, Schedule 1 conditions, including:
- safeguarding children and individuals at risk
- preventing or detecting unlawful acts
- protecting the public
- supporting individuals with disabilities or medical conditions
- meeting statutory social care and regulatory requirements
- ensuring equality of opportunity or treatment
These provisions allow us to use sensitive information where necessary to safeguard you, understand your needs and deliver effective care.
Criminal Offence Data
Where we process information about offending, alleged offences or criminal history, this is done under the Data Protection Act 2018, Schedule 1, Part 2 conditions, including:
- safeguarding children and individuals at risk
- preventing or detecting unlawful acts
- meeting statutory and regulatory duties relating to children’s social care
This ensures criminal offence information is handled safely, lawfully and proportionately.
Consent and Children in Care: What This Means in Practice
- We do not rely on UK GDPR consent for any core processing of Children in Care or Care Leaver information.
- You are encouraged to share your views and take part in decisions, but this participation is not the legal basis for processing your information.
- Your information is processed because it is necessary, proportionate and required for us to carry out our legal responsibilities and keep you safe.
- Any “consent” referred to in service activities (for example, consent to share your views with others or to engage with an Independent Visitor) is not GDPR consent and does not affect the Council’s legal duties to process information.
Legislation We Rely On
We use your personal information to meet our legal duties to safeguard and promote the welfare of Children in Care and Care Leavers, to plan and review your care, and to support your education, health and development. The main legislation and statutory guidance we rely on includes, but is not limited to:
This sets out the duties to safeguard and promote the welfare of children who are looked after by the local authority, including responsibilities for care planning, placements, reviews and returning home where safe to do so.
This sets the framework for multi‑agency working to improve the wellbeing of children and strengthens duties on agencies to work together to safeguard children.
These regulations set out the requirements for assessments, care plans, placement decisions, reviews, visits and pathway planning for Children in Care and Care Leavers.
This guidance describes how organisations must work together to identify, assess and support children who need help or protection, including Children in Care.
This includes duties relating to care leavers, staying put arrangements, special educational needs, and working with families and partners to support children’s development.
These set out our duties to support you as a care leaver up to the age of 25, including pathway planning, accommodation, financial support, education, employment and training.
These set the standards and requirements for children’s homes and foster care to ensure safe, high‑quality care and oversight of placements.
These set out duties for the education of Children in Care, including promoting educational achievement, supporting attendance and meeting special educational needs.
Used where information sharing is required to protect children, support Young Offenders, manage risk and coordinate multi‑agency safeguarding activity.
Used where domestic abuse, exploitation, trafficking or other forms of harm affect your safety or care planning.
This legislation provides the legal foundation for collecting, using and sharing your personal information as part of your care, and ensures the Council meets its responsibilities as your corporate parent.
International Data Transfers
Although most services for Children in Care and Care Leavers are delivered within the United Kingdom, we sometimes need to share or obtain information from organisations outside the UK. This happens when it is necessary, proportionate and lawful, and only where it helps safeguard you, understand your history, or support your care and future plans.
International transfers of information can take place in situations such as:
We may need to request information from overseas social services, education authorities, health organisations or other bodies to understand your previous circumstances, risks, care history or support needs.
When supporting an unaccompanied child or a young person with an asylum or immigration history, we may need to work with other countries’ authorities or international organisations to establish identity, understand past safeguarding concerns, or trace family members where this is safe and appropriate.
If part of your care plan involves maintaining or understanding family relationships, family time, or decisions about long‑term care, we may need to exchange information with relatives or professionals in other countries.
Where there are concerns about trafficking, exploitation, forced marriage, radicalisation or other cross‑border risks, we may need to share or request information from relevant agencies overseas to protect you.
When we transfer personal information outside the UK, we ensure that strong safeguards are in place, including:
We share information only with countries recognised by the UK as having appropriate data protection standards.
Where the country does not have an adequacy decision, we use legally binding agreements to make sure your information is protected to UK standards.
We assess the risks associated with any international transfer to ensure your information remains secure.
We use encryption, secure channels, access controls and strict handling procedures whenever information is exchanged internationally.
We only transfer personal information outside the UK when it is strictly necessary to support your care, safeguard you, or meet our legal responsibilities.
Retention Period
We only keep personal information for as long as it is needed to deliver your care, meet our legal duties and maintain accurate records of the support provided to you. When information is no longer required, it is securely destroyed in line with the Council’s Corporate Retention Schedule.
Different retention periods apply depending on your circumstances and the type of support you receive.
Children in Care records
Records relating to Children in Care, including case files, placement information, assessments, reviews, health and education information, family time arrangements and decisions made about your care, are retained until your 75th birthday (or for 15 years after your death if you pass away before the age of 18).
Care Leaver records
Records for Care Leavers, including pathway plans, accommodation plans, financial support, education, training, employment information and support provided up to age 25, are retained until your 75th birthday.
Youth Justice involvement
Where Youth Justice information forms part of your Looked After Child or Care Leaver record, it is retained in line with your main care record, until your 75th birthday.
Special Educational Needs or Education, Health and Care Plan (EHCP) information
If you have an EHCP or SEN support, this part of your record is retained until your 31st birthday, unless it is held within your main Looked After Child record, in which case the 75‑year retention requirement applies.
Health, therapeutic or emotional wellbeing information
Information held as part of your care record is retained in line with your main Looked After Child record until your 75th birthday.
Information used for reporting or evaluation
Information used for reporting, monitoring or evaluation is anonymised or pseudonymised wherever possible. Any temporary working documents are securely destroyed once reporting is complete.
Records required for statutory inquiries or legal obligations
If records are needed for legal processes, statutory inquiries or safeguarding investigations, we retain them for as long as required by law before securely destroying them.
We only keep personal information for as long as necessary to fulfil our statutory responsibilities, safeguard you, and provide effective care and support.
Your Rights
The UK GDPR provides you with a several rights to control what personal information is used by us and how it is used by us.
Further guidance about these rights can be accessed from the Information Commissioner’s Office (ICO) website
If you are not happy about the way your personal data is being used, or you require further information about how we process your personal data, you can contact Council’s Data Protection Team:-
- Online: Contact the DPO
- By post: Data Protection Officer, The Portal, Wellington Road, Ellesmere Port, CH65 0BA
You also have the right to complain to the Information Commissioner’s Office using the following details:
- Website: Information Commissioner's Office (ICO)
- Instant Message: Live Chat
- By post: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
- Telephone: 0303 123 1113