Diagrama Fostering privacy policy

Diagrama Fostering is part of the Diagrama Foundation. As a fostering agency it is a controller and a processor of personal and sensitive information. The purpose of this policy is to give a clear explanation about how and why we collect and use personal information provided to us, according to the different relationships we have.

Sensitive personal data about health, sexual life, race, religion and criminal activity may be collected and will be considered as special category data, which is subject to stringent security and confidentiality measures. In addition to having a lawful basis for holding this information, which we set out below, we hold it because we must process it for the purpose of providing and managing a social care service.

Please know that Diagrama will never sell your personal information to a third party.

As a Fostering Agency we are governed by many different areas of legislation, including:

  • The Fostering Service Regulations (England) 2011
  • The Fostering National Minimum Standards 2011
  • Adoption And Children Act 2002
  • Assessment And Approval Of Foster Carers: Amended Guidance
  • Care Standards Act 2000
  • Children Act 1989
  • Children Act 2004
  • Children And Families Act 2014
  • The Care Planning, Placement and Case Review Regulations 2010
  • The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015
  • The Data Protection Act 1998
  • Children And Social Work Act 2017
  • Working Together To Safeguard Children 2015

OTHER RELEVANT LEGISLATION

  • VAT Act 1994
  • Sex Discrimination Act 1975
  • Race Relations Act 1976
  • Disability Discrimination Act 1995
  • Limitation Act 1980

Where legislation requires, we will be obliged to retain your personal and or sensitive information for the prescribed amount of time. Please refer to our Retention of Records policy schedule for further information.

Data Protection Regulations ensure we do not keep your data longer than we should and that we handle data with the respect and care it deserves. If you have any queries about this policy or your personal information that we may hold, please contact:

Fostering administration co-ordinator, Diagrama Fostering, Floor 3, Anchorage House, 47-67 High Street, Chatham, Kent ME4 4EE. Tel 0800 802 1910

Alternatively you can contact our Head of Human Resources who has overall responsibility for data protection at:

Diagrama Foundation, Floor 5, Anchorage House, 47-67 High Street, Chatham, Kent ME4 4EE. Email: hr@diagrama.org

Below we have outlined the various different parties whose information we may need to process. Use the links below to pick the role specific to your position for the most relevant section of the privacy statement.

VISITORS TO OUR WEBSITE

We collect and process the following information on the basis of your consent, obtained when you complete the enquiry form:

  • Contact details and other information you may volunteer through our enquiry forms. We retain your information as long as is necessary in order to manage your enquiry effectively at this stage, in accordance with our Retention of Records policy.
  • Anonymised insights into visitor numbers and trends via Google analytics - this tool measures traffic on our site and may be used to inform our recruitment activities.

Please read the section towards the end of this document which details your right to access the information we may hold about you and your rights to withdraw consent and have your data erased. This policy doesn’t cover links to third party websites. We encourage you to read the privacy statements on other websites you may visit via diagramafostering.org.uk.

INITIAL FOSTERING ENQUIRIES

If you are enquiring about fostering we will seek consent to record your information in order to assist you through the initial stages. We will collect a variety of information at this stage, which may be of a personal nature in order to help us, and you, make the correct decision about becoming a foster carer. This may include:

  • Full contact details
  • Brief family history
  • How you heard about Diagrama
  • Your motivations to foster

Your basic details may be recorded over the phone, by email or by talking to one of our representatives at an event. That information is then transferred to our secure database and the original copy destroyed. We use this information to:

  • Manage your enquiry and update you on progress
  • Deliver support for you throughout the initial enquiry process
  • Provide you with information about our services
  • Inform our marketing and recruitment activities

Should your enquiry be withdrawn by either party, your information will be destroyed within 1 month of date of withdrawal. However, we appreciate the need for some enquirers to take time to consider the decision whether to proceed with a fostering application. Therefore, if your enquiry is not withdrawn we retain your information for 12 months to allow you time to take your enquiry forward. Please read the section towards the end of this document which details your right to access the information we may hold about you and your right to withdraw consent and have your data erased.

FOSTER CARE APPLICANTS

When you apply to foster through Diagrama we collect and process information about you which includes but may not be limited to:

  • Family history
  • Life history – including sensitive personal data about health, sexual life, race and religion
  • Medical records
  • Financial statement
  • References from family and friends
  • Statutory checks, including Disclosure and Barring services (DBS)

We are obliged by law (The Fostering Service Regulations (England) 2011, Children Act 1989, The Fostering National minimum standards 2011, Care Planning, Placement and Case Review Regulations 2010, The Care Planning, and Fostering Services (Miscellaneous Amendments) Regulations 2015, to collect, use and share this information to:

  • Comply with fostering legislation and regulations
  • Monitor equality and diversity (the information provided is anonymised and used only for statistical monitoring purposes which help us make improvements)
  • Provide information about our performance and services to Ofsted
  • Manage your application and update you on progress
  • Evidence that our prospective foster carers are able to fully meet the needs of the children who may be placed with them
  • Deliver support and arrange training for prospective foster carers throughout the application process

We have a legitimate interest in using some of this information to:

  • Evaluate our marketing and recruitment activities
  • Provide you with updates on our service, including information about support and training, adoption matters and our organisation.
  • Provide information about our performance and services to our Local Authority customers
  • Conduct surveys to monitor and improve our services Unless we advise you otherwise, we’ll only collect and process personal information to carry out these functions.

How we store your personal information

Your personal information is stored on our secure computer systems which comply to the relevant security standards. Any paper documentation is digitised and stored in this system with the originals being destroyed or returned to you. Phone conversations are not recorded but are noted on your personal file. We are committed to keeping your personal details up to date, and encourage you to inform us of any changes needed to ensure your details are accurate.

Sharing of information

Due to the nature of our work we will have to discuss elements of your personal information with third parties (such as referees). We will not discuss your personal information with anyone outside of your application, unless you have given us prior written authorisation to do so or unless we are legally obliged to do so. There may be times when we will need to share personal information with an independent social worker to undertake your assessment. They will therefore be responsible for collecting your personal and sensitive information. When we use independent social workers we follow our safer recruitment process. They will be fully registered and must follow strict guidelines on our data protection policies.

Retention of data

Your personal data is kept on file for as long as we are obliged to, by law in accordance with Fostering Service Regulations (FSR) 2011 and our Retention of Records policy.

  • In the event an application does not proceed to an approval for fostering – we will hold your application on files for three years, in accordance with FSR2011.

Please read the section towards the end of this document which details your right to access the information we may hold about you and your right to object to processing your information, if applicable.

REFEREES

You have agreed to provide a reference in support of a fostering application. In order to record references we will need to collect your information to verify who you are, in accordance with The Fostering Service Regulations 2011. This information will be obtained by means of a written statement and collected during an interview conducted by a qualified social worker. There may be times when an independent social worker will undertake reference checks. They will therefore be responsible for collecting your information, some of which may be personal and sensitive. When we use independent social workers we follow our safer recruitment process. They will be fully registered and must follow strict guidelines on our data protection policies. Information collected may include:

  • Contact details
  • Nature of your relationship with the applicant
  • Your relationship with the applicant
  • Safeguarding questions about the applicants suitability to care for children in their home as foster carers

We have a legal obligation to use this information to:

  • Consider our applications and assessments
  • Ensure we can contact you in relation to our assessments

How we store your personal information

We will hold your information and the reference you provide on our secure computer systems, which comply to the relevant security standards and are retained in accordance with The Fostering Service Regulations 2011. Any physical documents will be digitised for that purpose - the original copy will be destroyed. Phone conversations are not recorded but are noted on your personal file.

Sharing of information

We will need to share your reference with third parties for the purposes of progressing the application or where we are legally required to do so. We may have to discuss elements of your reference with Panel members and share it with local authorities, as part of matching a child with an approved foster carer.

Retention of data

Referee information is kept, together with the applicant foster carer’s assessment - in line with fostering regulations.

  • If the applicant withdraws or is withdrawn from the process the information is kept on file for three years, in accordance with regulations.
  • If they become foster carers the information is kept for 10 years after termination of approval as a foster carer. (In accordance with The Fostering Service Regulations, 2011.)

Please read the section towards the end of this document which details your right to access the information we may hold about you.

APPROVED FOSTER CARERS

Once you have been approved by Panel, in addition to the information collected earlier in the application process (detailed above) we may also collect:

  • Details of any training or activities which support the matching process with children.
  • Notes on your preferences regarding the children you may wish to foster
  • Outcomes of any potential matches
  • Annual foster carer reviews

We are legally obliged, in accordance with Fostering Service Regulations 2011, Care Planning, Placement and Case Review Regulations 2010 and The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 to process and share this information to:

  • Manage the matching process
  • Comply with fostering legislation
  • Deliver support and training to you
  • Provide information about our performance and services to Ofsted
  • Ensure you are able to fully meet the needs of the children who may be placed with you
  • Continue with professional supervision and support.

We have legitimate reasons to use this information to:

  • Provide you with updates on our service, including information about support and training, adoption matters and our organisation.
  • Produce a personal profile for you, which outline your offer as a foster carer. This will include relevant information about you, which may include some sensitive and personal data. You will be fully consulted on the information included in your profile, prior to being circulated.

How we store your personal information

Your personal information is stored on our secure computer systems which comply with the relevant security standards. Any paper documentation is digitised and stored in this system with the originals being destroyed or returned to you. Phone conversations are not recorded but are noted on your personal file. We are committed to keeping your personal details are up to date and encourage you to inform us of any changes needed to ensure your details are accurate.

Sharing of information

We are obliged by regulation to share your information, including special category information, with key agency partners such as:

  • The referring local authority commissioning team
  • The police
  • The LADO
  • Ofsted
  • Children’s social workers/managers

Under Fostering Service regulations we are also obliged to share the records we have compiled on you with another fostering service provider where you are seeking to move to their service. In all other cases your information is only for our management of you in the role of foster carer. We will not share your personal information with any other third party without your prior authorisation to do so, unless we have a legal obligation to eg. where there may be a safeguarding risk.

Retention of data

We will keep your basic information for at least 15 years from the date of the last entry according to regulation 22 Schedule 2 of the Fostering Services Regulations England 2011.

This information can be useful to safeguard you should there be any false historical allegations made as we can cross reference allegations to our register. We will also keep your full records for at least 10 years from the date your approval is terminated, in accordance with regulations. Information referring to you may remain on a child’s file until the 75th Anniversary of the child’s birth in line with; The Care Placement, Planning and Review 2010 and The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015.

Please refer to our Retention of Records policy for further details. Please read the section towards the end of this document which details your right to access the information we may hold about you.

BACKUP CARER / CHILD MINDER / BABYSITTER

In accordance with the Fostering Service Regulations 2011, Diagrama Fostering ensures that anyone engaged in work for the purposes of the fostering task is fit to do so. In order to assess your “fitness” to assist in looking after a child in foster care we undertake a range of background checks and assessment to safeguard our young people. The information we collect may include, but is not limited to: Your name, address, contact details Nomination information Family history Reference from foster carer Statutory checks, including Disclosure and Barring services (DBS)

As you are a nominated backup carer / child minder / sitter, we will collect a reference or nomination from our foster carer which details why you would be suitable for the task and you will be interviewed by a qualified social worker. There may be times when an independent social worker will collect your reference on our behalf. They will therefore be responsible for collecting your personal and sensitive information. When we use independent social workers we follow our safer recruitment process. They will be fully registered and must follow strict guidelines on our data protection policies. An assessment will be undertaken and the data stored on our secure online database.

We are legally obliged (in accordance with Fostering Service Regulations 2011) to collect and use this information to:

  • Manage our foster carers work, with specific regard to the safeguarding of young people.
  • Comply with fostering legislation relating to safeguarding young people.
  • Ensure we are meeting the needs of the young people we look after
  • Provide information about our performance and services to our Local Authority customers
  • Ensure that only those families who are able to offer a safe, warm, caring environment will have any formal contact with our young people

Unless we advise you otherwise, we will only collect and process your personal information to carry out these functions.

How we store your personal information

Your personal information is stored on our secure computer systems which comply with the relevant security standards. Any paper documentation is digitised and stored in this system with the originals being destroyed or returned to you. Phone conversations are not recorded but are noted on your personal file. We are committed to keeping your personal details are up to date and encourage you to inform us of any changes needed to ensure your details are accurate.

Sharing of information

We are obliged by regulation to share your information with key agency partners such as:

  • The referring local authority
  • The police – (for child protection/ safeguarding)
  • The Local Authority Designated Officer (for child protection / safeguarding)
  • Your local authority
  • The foster carer

In all other cases your information is only for our management of our foster family and to have an oversight of their support network. We will not share your personal information with any other third party without your prior authorisation to do so, unless we have a legal obligation to eg. where there may be a safeguarding risk.

Retention of data

The information is held within the foster carer’s file and therefore forms part of an official record of that family’s fostering work. HOWEVER it is not information that the foster family will be able to see or are entitled to see. All file notes are kept in line with The Fostering Service Regulations (England) 2011.

Your basic details will be stored as part of the foster carer’s records for the same amount of time.

We are obliged to hold your personal information for at least 15 years under Regulation 22 and Schedule 2 of the Fostering Service Regulations (England) 2011 Information referring to you will remain on that child’s file and returned to the placing authority to be kept until the 75th Anniversary of the child’s birth in line with; Care Planning, Placement and Case Review Regulations 2010 and The Care Planning and Fostering (Miscellaneous Amendments) (England) Regulations 2015 Records compiled in relation to a foster parent must be retained for at least 10 years from the date on which their approval is terminated.

Please refer to our Retention of Records policy for further details. Please read the section towards the end of this document which details your right to access the information we may hold about you.

 

STAFF, PANEL MEMBERS AND INDEPENDENT ASSESSING SOCIAL WORKERS

Please refer to Diagrama’s Employee Privacy Notice for further information.

YOUNG PEOPLE AND PARENTS OF YOUNG PEOPLE IN CARE (AND OTHER FAMILY MEMBERS)

Diagrama Fostering has a duty to the child and not the child’s parents or family. Parents’ information is limited and often provided by third parties. The parental information is held in accordance with Care Planning Regulations within the child’s files and is inseparable to the child’s case recording.

Our privacy policy is for both children and their parents to understand how we use personal information. As a young person in the care system or the parent of a young person in care the professional team who look after you or your child will produce a great deal of paperwork. Information we store may include:

  • Detailed background information of the child
  • Care Plan & Core Assessment
  • Parental information and relevant extended family history
  • Risk assessment
  • Contact arrangements

We are legally obliged (in accordance with Care Planning, Placement and Case Review Regulations 2010 and Care Planning and Fostering Service (Miscellaneous Amendments) Regulations 2015) to collect, process and share this information to:

  • Make sure the child is looked after in a safe and secure home
  • Make sure we are providing the best possible service to the child.
  • Document the child’s time with us so they have a detailed record for future reference
  • Deliver support to the child regarding their placement
  • Monitor equality and diversity
  • Ensure we are meeting the needs of all the young people we look after
  • Provide information about our performance and services to your local authority so they can maintain their own records alongside our own.
  • Comply with legislation and regulations

We have a legitimate reason to use this information to:

  • Conduct surveys in order to monitor and improve our services

We’ll only collect and process personal information to carry out these functions. If you ever want to view the information collected and stored by us you can do so by contacting your local authority who will be able to advise you.

How we store your personal information

Your personal information is stored on our secure computer systems which comply with the relevant security standards. Any paper documentation is digitised and stored in this system with the originals being destroyed.

Sharing of information

We are obliged from time to time, in accordance with Fostering Service Regulations, to share your information with key agency partners such as:

  • Your home local authority and their representatives
  • The police
  • Doctors/Dentists/other health professionals
  • Education service for your child
  • Other adults engaged in the provision of our service to you where that person will have some responsibility for looking after you – such as Foster Carers
  • The Local Authority Designated Officer (for child protection / safeguarding)

In all other cases your information is only for your records and to ensure we manage your time with us as positively as possible, in accordance with the law.

Retention of data

We will hold a full account of your personal information for the length of you or your child’s stay with Diagrama Fostering. When you (or your child) leave the care of the agency we will retain your record for 15 years, or in accordance with local authority contractual obligations, if sooner.

Please refer to our Retention of Records policy for further details. Please read the section towards the end of this document which details your right to access the information we may hold about you.

FUNDRAISERS AND DONORS

If you support us, for example make a donation or register to fundraise we may collect:

  • Your name
  • Your contact details
  • Your date of birth
  • Your bank or credit card details.

We have a legal obligation to use this information to:

  • Comply with fundraising regulations, including Gift Aid laws
  • To detect and reduce fraud and credit risk.

We have a legitimate interest in using this information to:

  • Provide you with the services or information you asked for
  • Administer your donation or support your fundraising, including processing gift aid
  • Keep a record of your relationship with us
  • Ensure we know how you prefer to be contacted
  • Understand how we can improve our services, products or information.
  • Let you know about the progress we are making

If relevant and appropriate we may also record:

  • Information relating to your health (for example if you are taking part in a high risk event)
  • Why you have decided to donate to us. We will never make this question mandatory, and only want to know the answer if you are comfortable telling us.

We will seek your consent to use your information to

  • Ask for future donations or other support.

Occasionally, we may include information from partner organisations or organisations who support us in these communications. We make it easy for you to tell us how you want us to communicate, in a way that suits you. Our forms have clear marketing preference questions and we include information on how to opt out when we send you marketing.

Sharing of information

If we run an event in partnership with another named organisation your details may need to be shared. We will be very clear what will happen to your data if you register for an event where this may happen. Some people choose to tell us about their experiences to help further our work. They may take on a role as an ambassador or media volunteer or attend our support-focused events. This may include them sharing sensitive information related to their family life in addition to their biographical and contact information. Please be aware that we will only share your information in these circumstances if we have your consent to do so.

How we store your personal information

Your personal information is stored on our secure computer systems which comply with the relevant security standards. Any paper documentation is digitised and stored in this system with the originals being destroyed.

Retention of data

We are legally obliged to keep donation and fundraising records for 7 years in accordance with accounting regulations.

RIGHTS TO ACCESS YOUR DATA

Access to your data

You have a right at any time to ask us what personal information we hold about you and you can request a copy of your information. This is known as a ‘subject access request’ (SAR). SARs need to be made in writing and we ask that a written request is accompanied by proof of identify. We have one calendar month within which to provide the information requested. To make a subject access request please contact our Head of Human Resources who has overall responsibility for data protection at:

Diagrama Foundation, Floor 5, Anchorage House, 47-67 High Street, Chatham, Kent ME4 4EE. Email: hr@diagrama.org

Depending on the circumstances, you have the following additional rights:

Right to Rectification: you are entitled to have personal data rectified if it is inaccurate or incomplete. If you need us to correct any mistakes in the information we hold about you, please let us know.

Right to Erasure: You have the right to request the deletion or removal of your personal data where there is no compelling reason for its continued processing. This right only applies in the following specific circumstances:

  • Where the personal data is no longer necessary in regards to the purpose for which it was originally collected
  • Where consent is relied upon as the lawful basis for holding your data and you withdraw your consent
  • Where you object to the processing and there is no overriding legitimate interest for continuing the processing
  • Where the personal data was unlawfully processed
  • Where you object to the processing for direct marketing purposes.

You do not have the right to ask for data to be erased where we have a legal obligation to retain it.

Right to restrict processing

You have the right to ask us to restrict or suppress processing of your data in certain circumstances. When processing is restricted, we can store the data but not use it without your consent. This right only applies in the following circumstances:

  • Where you contest the accuracy of the personal data – we will restrict the processing until we have verified the accuracy of that data
  • Where you object to us processing your data on the grounds of legitimate interest, and we are considering whether our organisation’s legitimate grounds override your rights
  • Where processing is unlawful and you request restriction
  • If we no longer need the personal data but you need us to keep this to establish, exercise or defend a legal claim

If we have disclosed your personal information to third parties, we must inform them about the restriction on processing, unless it is impossible or involves disproportionate effort to do so. We must inform you when we decide to remove the restriction giving the reasons why.

Right to object

You have the right to object to processing based on legitimate interests; and direct marketing. This right only applies in the following circumstances:

  • An objection to stop processing personal data for direct marketing purposes is absolute – there are no exemptions or grounds to refuse – we must stop processing in this context
  • You must have an objection on grounds relating to your particular situation

We must stop processing your personal data unless: 1. We can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms; or 2. The processing is for the establishment, exercise or defence of legal claims. You do not have the right to object to processing or where we are legally obliged to hold and process your data. Where we process your data solely on the basis of your consent, you have the right to withdraw your consent for that processing. Please be aware that any objection to processing may end your association with Diagrama in some circumstances.

You can do this by contacting our Head of Human Resources who has overall responsibility for data protection at: Diagrama Foundation, Floor 5, Anchorage House, 47-67 High Street, Chatham, Kent ME4 4EE. Email: hr@diagrama.org

Withdrawal of consent Where we process your data on the basis of your consent, you have the right to withdraw your consent at any time. You can do this by contacting: Fostering administration co-ordinator, Diagrama Fostering, Floor 3, Anchorage House, 47-67 High Street, Chatham, Kent ME4 4EE. Tel 0800 802 1910

You may also have the right to have that data erased (for example where it is solely held and processed with your consent).

RIGHT TO DATA PORTABILITY

Please note that rights to data portability do not apply to this service as Diagrama Fostering does not collect your personal data through an automated process.

FURTHER INFORMATION

Privacy notices are long and complicated documents and may not provide detail on all aspects of Diagrama Fostering’s collection and use of personal information. We’re happy to provide any further information or explanation needed. Please contact us using the information at the top of this notice.

COMPLAINTS

Diagrama Fostering tries to meet the highest standards when collecting and using personal information. We take any complaints we receive seriously. We encourage people to bring it to our attention if they think that our collection or use of information is unfair, misleading, inaccurate or inappropriate. You can do so by contacting our Head of Human Resources, who has responsibility for data protection matters, at: Diagrama Foundation, Floor 5, Anchorage House, 47-67 High Street, Chatham, Kent ME4 4EE. Email: hr@diagrama.org

 

If you remain unhappy with our response to your complaint you have the right to complain to the Information Commissioner’s Office by writing to:

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

Changes to this privacy notice We keep our privacy notice under regular review. We’ll update if we undertake any new or amended processing. This privacy notice was last updated on: 13/06/2018