Fostering

Data Controller – Somerset Council – ICO Registration Z5957592

Data Protection Officer contact – informationgovernance@somerset.gov.uk

Purpose for processing

• Assessing suitability to become a foster carer/stepping stones advisor
• Providing support to approved foster carers/stepping stones advisors in order to protect and care for looked after children and care leavers.

Legal basis for processing – by law

Business area – Application to be a Foster Carer/Stepping Stones provider

• 1989 Children Act, Volume 4 Fostering Services and volume 2 Care Planning
• 2000 Care Standards Act
• Adoption and Children Act 2004
• Children and Young Persons Act 2008
• Fostering Services Regulations 2011, as amended in 2013 by the Care Planning, Placement and Case Review Regulations 2013

Approved Foster Carer/Stepping Stones provider

• 1989 Children Act, Volume 4 Fostering Services and volume 2 Care Planning
• 2000 Care Standards Act
• Adoption and Children Act 2004
• Children and Young Persons Act 2008
• Fostering Services Regulations 2011, as amended in 2013 by the Care Planning, Placement and Case Review Regulations 2013

Legitimate interests – for monitoring quality, audit, and for dealing with any enquiries or complaints.

Data sharing – personal data provided will be shared with professionals from partner organisations, including Health and Police, and some private individuals in order to assess suitability to protect and care for looked after children/care leavers. Where appropriate, this will be done under the Child Health Information Service procedures.

Data will also be shared with Central Government Departments (and agencies working on their behalf) for the purposes of statutory reporting.

Transfers abroad – this data will not be transferred abroad.

Data retention – personal data relating to the assessment and support of foster carers will be retained in accordance with the Somerset Council retention policies and associated statutory guidance, taking into account any legal injunction preventing the destruction of records. Some of your personal information will also be retained on the case records of individual looked after children/care leavers, and in some cases shared with them, even after you have ceased to be a foster carer/stepping stones provider.

Please note that due to the current Independent Inquiry into Child Sexual Abuse (IICSA) all records will be retained until further notice. Once the Inquiry is complete and the legal hold lifted the retention will return to the retention listed below.

Business area – Application to be a Foster Carer/Stepping Stones provider
Legal basis for processing – 10 years

Business area – Approved Foster Carer/Stepping Stones provider
Legal basis for processing – 75 years

Business area – Approved Foster Carers/Stepping Stones provider information on individual case records of looked after children/care leavers
Legal basis for processing – 75 years from child’s 18th birthday

Your rights – You have the right to ask Somerset Council for a copy of your data, the right to rectify or erase your personal data, and the right to object to processing. However, these rights are only applicable if the Council has no other legal obligation concerning that data. You also have the right to complain to the regulator: Information Commissioner’s Office (ICO)