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Youth Justice Services privacy notice

Cheshire West and Chester Council delivers the Youth Justice Service to support children and young people aged 10 to 17 who are at risk of offending or who have entered the youth justice system. The service aims to prevent offending and reoffending, promote rehabilitation, and safeguard the welfare of young people.

We provide this service directly for children and families living in the Cheshire West and Chester borough, where the Council acts as the Data Controller. In addition, we manage and deliver the Youth Justice Service on behalf of Cheshire East Council, Halton Borough Council, and Warrington Borough Council, where we act as a Data Processor under their instruction.

The service includes:

  • Prevention and diversion: Working with children at risk of offending to provide early intervention and support.
  • Out-of-court disposals: Supporting children who have committed low-level offences to engage with restorative and rehabilitative interventions.
  • Court-ordered supervision: Managing statutory orders imposed by the youth court, including referral orders, youth rehabilitation orders and detention and training orders.
  • Multi-agency coordination: Working with police, courts, health, education, social care and voluntary sector partners to deliver holistic support.
  • Safeguarding and welfare: Identifying and responding to risks including exploitation, mental health needs, substance misuse and family breakdown.

The Youth Justice Service is delivered in line with national standards set by the Youth Justice Board for England and Wales and operates under a statutory duty to cooperate with other agencies to promote the welfare of children and reduce offending.

What information we collect, use, and why

We collect personal information to deliver Youth Justice Services effectively, lawfully and safely. This information helps us identify children and young people, understand their needs and risks, and coordinate support across agencies.

We categorise the information we collect into three main types: personal data, special category data, and criminal offence data.

Personal Data

We collect the following personal data to deliver our services:

  • Name, address and contact details: To identify the children, communicate with them and their family, and confirm their residence within the relevant local authority.
  • Date of birth: To verify age and eligibility for youth justice services.
  • Gender and nationality: To support demographic reporting and ensure appropriate service delivery.
  • Education and school details: To understand educational needs and coordinate support with schools or alternative provision.
  • Family relationships and contact details: To engage parents or carers in support plans and ensure safeguarding.
  • Case file information: To record assessments, interventions, outcomes and multi-agency involvement.

Special Category Data

We collect the following special category data where relevant to the child’s support needs:

  • Physical or mental health information: To identify health-related needs, risks and barriers to rehabilitation, and to coordinate support with health services.
  • Ethnicity and cultural background: To monitor equality of access and outcomes and ensure culturally appropriate support.
  • Religious or philosophical beliefs: Where relevant to service delivery or safeguarding.
  • Social care involvement: Including looked-after status, child protection concerns or previous referrals, to ensure joined-up support and safeguarding.

Criminal Offence Data

We collect and use information about criminal convictions, alleged offences and legal outcomes to:

  • Fulfil statutory duties under youth justice legislation
  • Assess risk and offending behaviour
  • Deliver appropriate interventions and supervision
  • Share information with courts, police and other justice agencies

This includes:

  • Arrests, charges and outcomes
  • Court orders and disposals
  • Custodial history
  • Risk assessments and offending profiles

All criminal offence data is handled with strict safeguards and shared only where necessary and lawful.

Sources of Information

We collect most of the information directly from the child or young person and their family during assessments, interventions and ongoing support. This includes information shared during meetings, interviews, supervision sessions and written correspondence.

We also receive information from other organisations involved in supporting or supervising the young person. These sources include:

  • Police and courts: Including arrest records, charges, court outcomes and legal orders.
  • Youth Justice Board and Ministry of Justice: For performance monitoring, statutory reporting and service oversight.
  • Health services: Including GPs, mental health services, substance misuse teams and CAMHS, to understand health needs and coordinate support.
  • Education providers: Including schools, colleges, pupil referral units and education welfare services, to understand educational needs and attendance.
  • Children’s social care: Including looked-after status, child protection concerns and previous involvement with safeguarding services.
  • Probation and prison services: Where the young person is transitioning between youth and adult justice systems.
  • Housing and homelessness services: Where accommodation needs are relevant to risk or rehabilitation.
  • Voluntary and community organisations: Where they are involved in supporting children and their families.
  • Other Youth Justice Services: Where the young person has moved between areas or is receiving support across boroughs.

Where Cheshire West and Chester Council is acting as a Data Processor on behalf of Cheshire East, Halton or Warrington Councils, we receive information from those authorities in line with their instructions and data sharing agreements.

We only collect information from these sources where it is relevant, necessary and lawful to support the delivery of Youth Justice Services.

What is your personal information used for?

We use your personal information to deliver Youth Justice Services in line with our legal duties and to support children and young people in reducing offending and improving outcomes. Specifically, we use your information to:

  • Assess needs, risks and offending behaviour to develop appropriate support and intervention plans.
  • Deliver statutory youth justice interventions including prevention, diversion, out-of-court disposals and court-ordered supervision.
  • Coordinate multi-agency support with police, health, education, social care and other partners to ensure joined-up safeguarding and rehabilitation.
  • Monitor progress and outcomes to evaluate the effectiveness of interventions and report to the Youth Justice Board and Ministry of Justice.
  • Fulfil legal obligations under youth justice legislation, including safeguarding, public protection and court reporting.
  • Prevent and detect crime and ensure the safety of children, their family and the wider community.
  • Support transitions between youth and adult justice services, or between different local authorities.
  • Respond to complaints, queries or safeguarding concerns in line with our statutory responsibilities.

Where Cheshire West and Chester Council is acting as a Data Processor on behalf of Cheshire East, Halton or Warrington Councils, we use personal information only as instructed by those authorities and in accordance with their policies and procedures.

Who Do We Share Your Information With?

We only share your personal information where it is necessary, lawful and proportionate to deliver Youth Justice Services, safeguard children and young people, and meet our statutory obligations.

We share information with the following organisations:

  • Police and courts: To support investigations, prosecutions, court proceedings and the supervision of legal orders.
  • Youth Justice Board and Ministry of Justice: For statutory reporting, performance monitoring and service oversight.
  • Health services: Including GPs, mental health teams, substance misuse services and CAMHS, to coordinate care and address health-related needs.
  • Education providers: Including schools, colleges, pupil referral units and education welfare services, to support educational engagement and address barriers to learning.
  • Children’s social care: To ensure safeguarding, coordinate support for looked-after children and respond to child protection concerns.
  • Probation and prison services: Where the child is transitioning between youth and adult justice systems or is subject to custodial arrangements.
  • Housing and homelessness services: Where accommodation needs are relevant to risk, safeguarding or rehabilitation.
  • Voluntary and community organisations: Where they are involved in delivering support or interventions.
  • Other Youth Justice Services: Where the child has moved between areas or is receiving support across boroughs.

Where Cheshire West and Chester Council is acting as a Data Processor on behalf of Cheshire East, Halton or Warrington Councils, we share information only as instructed by those authorities and in accordance with their data sharing agreements.

All information sharing is carried out in line with data protection legislation, safeguarding duties and national Youth Justice Board guidance.

Data Processors

To support the delivery of Youth Justice Services, Cheshire West and Chester Council uses external organisations and systems known as data processors. These processors provide secure platforms for managing case information, coordinating multi-agency support and fulfilling statutory reporting requirements.

The data processors we use include:

  • Youth Justice case management systems: Used to record assessments, interventions, legal outcomes and multi-agency involvement. These systems are configured to meet national Youth Justice Board standards.
  • Secure reporting and analytics platforms: Used to generate anonymised reports for performance monitoring, audits and statutory returns to the Youth Justice Board and Ministry of Justice.
  • Council-approved IT and cloud service providers: Used to store and manage personal information securely, including scanned documents, correspondence and internal records.

All data processors act under our instruction and are contractually required to comply with data protection legislation. They do not use your information for their own purposes. Access to your data is restricted to authorised personnel only, and all systems are subject to appropriate security controls including encryption, access management and audit logging.

Where Cheshire West and Chester Council is acting as a Data Processor on behalf of Cheshire East, Halton or Warrington Councils, we use systems and tools in accordance with their instructions and data sharing agreements.

Data Controller

Cheshire West and Chester Council is the Data Controller for the Youth Justice Service where we deliver services to children and families living within the Cheshire West and Chester borough. This means we are responsible for determining how and why your personal information is used for the delivery of Youth Justice Services in our area.

We also deliver Youth Justice Services on behalf of the following local authorities, where we act as a Data Processor under their instruction:

Cheshire East Council

Halton Borough Council

Warrington Borough Council

If you live in one of these areas and would like to know more about how your personal information is used, you should contact your local authority directly using the details above.

The Lawful Basis for Processing

We collect and use personal information in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The lawful bases we rely on vary depending on the type of data and the purpose of processing.

Personal Data (UK GDPR Article 6)

We process personal data under the following lawful bases:

  • Legal Obligation (Article 6(1)(c))
    We are required to process personal information to comply with legal duties under youth justice legislation, including reporting to courts, safeguarding authorities and the Youth Justice Board.
  • Public Task (Article 6(1)(e))
    Processing is necessary for the performance of a task carried out in the public interest. Youth Justice Services are delivered under statutory duties to prevent offending and reoffending, promote rehabilitation and safeguard children.

Special Category Data (UK GDPR Article 9 and DPA 2018 Schedule 1)

We process special category data, such as health information and ethnicity, under:

  • Article 9(2)(g) – Substantial Public Interest, relying on the following conditions from Schedule 1 of the Data Protection Act 2018:
    • Statutory and Government Purposes (Paragraph 6): To fulfil legal duties under youth justice legislation.
    • Equality of Opportunity or Treatment (Paragraph 8): To monitor and improve access to services and ensure fair treatment.
    • Safeguarding of Children and Individuals at Risk (Paragraph 18): To protect vulnerable children and young people.
    • Support for Individuals with a Particular Disability or Medical Condition (Paragraph 16): To provide tailored support for children and young people with physical or mental health needs, learning difficulties or neurodevelopmental conditions.

All processing is carried out with appropriate safeguards, including secure systems, restricted access and clear documentation.

Criminal Offence Data (UK GDPR Article 10 and DPA 2018 Schedule 1)

We process information about criminal convictions and offences under:

  • Statutory and Government Purposes (Schedule 1, Part 2, Paragraph 6)
    Processing is necessary to carry out statutory functions under youth justice legislation, including the Crime and Disorder Act 1998, Children Acts 1989 and 2004, and related criminal justice legislation.

Criminal offence data is handled with strict safeguards and shared only where necessary and lawful.

Legislation We Rely On

We rely on the following legislation when using your personal information to meet our legal obligations and deliver Youth Justice Services as part of our public tasks:

  • Crime and Disorder Act 1998
    Establishes the statutory duty to prevent offending and reoffending by children and young people, and underpins multi-agency working in youth justice.
  • Children Act 1989 and Children Act 2004
    Sets out the duties to safeguard and promote the welfare of children, including those involved in the youth justice system.
  • Criminal Justice Act 2003
    Provides the framework for sentencing and supervision of young people subject to court orders.
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    Governs out-of-court disposals and the rehabilitation of young offenders.
  • Offender Management Act 2007
    Supports the coordination of youth and adult justice services, particularly during transitions.
  • Police and Criminal Evidence Act 1984
    Sets out procedures for arrest, detention and questioning of young people by police.
  • Victim and Prisoners Act, 2024

Sets out the requirements on agencies in providing services to victims International Data Transfers

The Youth Justice Service primarily stores and processes personal information within the United Kingdom. However, in some cases, we may need to share information with organisations based outside the UK. This could include:

  • Liaising with overseas authorities or support services involved in the care or supervision of a child
  • Supporting children who have recently arrived in the UK or are returning to another country
  • Verifying identity, legal status or safeguarding concerns with international agencies

Where personal data is transferred internationally, we ensure that appropriate safeguards are in place to protect your information. These safeguards may include:

  • Adequacy decisions: Ensuring the country has been recognised by the UK government as providing an adequate level of data protection
  • Standard Contractual Clauses (SCCs) or International Data Transfer Agreements (IDTAs): Legally binding agreements that ensure your data is protected to UK standards
  • Technical and organisational measures: Including encryption, access controls and secure data handling procedures

We only transfer personal data internationally where it is necessary, proportionate and lawful, and we will inform you where such transfers occur.

Retention Period

We keep records of our involvement with children and young people in both electronic and scanned formats. The length of time we retain your personal information depends on the type of service you receive and is based on guidance from the Youth Justice Board for England and Wales.

For most youth justice interventions, including prevention, diversion, pre-court disposals and court disposals, we retain your information until your 25th birthday. After this point, your records are securely deleted unless an exception applies.

Some records must be retained for longer due to legal or safeguarding requirements. For example:

  • If you were subject to a disposal under Section 91 of the Sexual Offences Act, your records will be retained for 75 years from your date of birth.
  • If you were a looked-after child, your records will be retained for 75 years from your date of birth. If you died before your 18th birthday, your records will be retained for 15 years from the date of death.
  • If you were subject to child protection concerns, your records will be retained for 75 years from your date of birth. If you died before your 18th birthday, your records will be retained for 6 years from the date of death.

Each local authority also maintains its own retention schedule to ensure that personal information is only held for as long as necessary. If you live outside the Cheshire West and Chester borough, you can contact your local authority’s Data Protection Officer for more information (see contact details in the Data Controller section).

If we need to use your information for research or reports, your information will be anonymised and any information taken from notes (hand written or typed) during any consultation sessions will be securely destroyed. The information will continue to be used in a summarised and anonymised form in any research reports or papers that are published. The anonymised information in the papers that will be of historic interest and will be held in public archives indefinitely

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

If you are receiving Youth Justice Services as a resident of Cheshire East, Halton, or Warrington, Cheshire West and Chester Council is acting as a Data Processor on behalf of your local authority. This means your rights under data protection law are managed by your home authority. If you wish to exercise your rights or make a data protection enquiry, please contact the Data Protection Officer for your local council. Their contact details are listed in the Data Controller section of this privacy notice.

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
  • Here’s an additional paragraph you can include at the end of the Your Rights section to reflect the multi-authority delivery model:

 

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