Privacy notice

South Normanton Pre-School CIC Privacy Notice

Introduction

Personal data is protected in accordance with data protection laws and used in line with your expectations. This privacy notice explains what personal data we collect, why we collect it, how we use it, the control you have over your personal data and the procedures we have in place to protect it.

When we refer to “we”, “us” or “our”, we mean South Normanton Pre-School CIC  

What personal data we collect

We collect personal data about you and your child to provide care and learning tailored to meet your child’s individual needs. Personal details that we obtain from you includes your child’s: name, date of birth, address, and health, development and any special educational needs information. We will also ask for information about who has parental responsibility for your child and any court orders pertaining to your child.

Personal data that we collect about you includes: your name, home and work address, phone numbers, email address, emergency contact details, and family details.

We will only with your consent collect your national Insurance number or unique taxpayer reference (UTR) where necessary if you are self employed and where you apply for up to 30 hours free childcare and early education. We also collect information regarding benefits and family credits. Please note that if this information is not provided, then we cannot claim funding for your child.

We also process financial information when you pay your childcare and early education fees by chip and pin or direct debit. We may collect other data from you when you voluntarily contact us.

Where applicable we will obtain details of your child’s social worker, child protection plans from social care, and health care plans from health professionals and other health agencies.

We may collect this information in a variety of ways. For example, data will be collected from you directly in the registration form; from identity documents; from correspondence with you; or from health and other professionals.

Why we collect personal data and the legal basis for handling your data

We use personal data about you and your child in order to provide childcare and early education services and to fulfil the contractual arrangement you have entered into. This includes using your data in the following ways:

• to support your child’s wellbeing and development
• to effectively manage any special education, health or medical needs of your child whilst at the setting
• to carry out regular assessment of your child’s progress and to identify any areas of concern
• to maintain relevant contact about your child’s wellbeing and development
• to contact you in the case of an emergency
• to process your claim for free childcare and early education, if applicable
• to enable us to respond to any questions you ask
• to keep you updated about information which forms part of your contract with us
• to notify you of service changes or issues
• to send you our e-newsletter, if you have subscribed to it

With your consent, we would also like to:

• collect your child’s ethnicity and religion data for monitoring purposes
• record your child’s activities for their individual learning journal (this will often include photographs and videos of children during play)
• sign you up for our free parent e-newsletter which provides resources and useful information for parents
• transfer your child’s records to the receiving school when s/he transfers

If we wish to use any images of your child for training, publicity or marketing purposes we will seek your written consent for each image we wish to use. You are able to withdraw your consent at any time, for images being taken of your child and/or for the transfer of records to the receiving school, by confirming so in writing to the setting. You can also unsubscribe from receiving our parent e-newsletter by notifying the setting.

We have a legal obligation to process safeguarding related data about your child should we have concerns about her/his welfare.

Who we share your data with

As a registered early years provider in order to deliver childcare and early education services it is necessary for us to share data about you and/or your child with the following categories of recipients:

• Ofsted, when there has been a complaint about the childcare and early education service or during an inspection
• banking services in order to process chip and pin and/or direct debit payments
• the local authority, if you claim up to 30 hours free child care
• the governments eligibility checker as above, if applicable
• our insurance underwriter, where applicable
• an email newsletter service, where you have given consent to receive our e-newsletter

We will also share your data:

• if we are legally required to do so, for example, by a law enforcement agency, court
• to enforce or apply the terms and conditions of your contract with us
• to protect your child and other children; for example, by sharing information with medical services, social services or the police
• if it is necessary to protect our rights, property or safety or to protect the rights, property or safety of others
• with the school that your child will be attending, when s/he transfers, if applicable
• if we transfer the management of the setting out or take over any other organisation or part of it, in which case we may disclose your personal data to the prospective seller or buyer so that they may continue using it in the same way

Our nursery management and communication software provider may be able to access your personal data when carrying out maintenance task and software updates on our behalf. However, we have a written agreement in place which place this company under a duty of confidentiality. 

We will never share your data with any organisation to use for their own purposes.

How do we protect your data?

We take the security of your personal data seriously. We have internal policies and strict controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed and to prevent unauthorised access.

Where we engage third parties to process personal data on our behalf, they are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

Where do we store your data?

All data you provide to us is stored on secure computers or servers located within the UK or European Economic Area. We may also store paper records in locked filing cabinets.

Our third party data processors will also store your data on secure servers which may be situated inside or outside the European Economic Area. They may also store data in paper files.

How long do we retain your data?

We retain your data in line with our retention policy a summary is below:

• You and your child’s data, including registers are retained 6 years after your child no longer uses the setting, or until our next Ofsted inspection after your child leaves our setting.
• Medication records and accident records are kept for longer according to legal requirements.
• Learning journeys are maintained by the setting and available at your request when your child leaves. Records are kept and archived in line with our data retention policy.

• In some cases (child protection or other support service referrals), we may need to keep your data longer, only if it is necessary in order to comply with legal requirements. We will only keep your data for as long as is necessary to fulfil the purposes it was collected for and in line with data protection laws.

Your rights with respect to your data

As a data subject, you have a number of rights. You can:

• request to access, amend or correct the personal data we hold about you and/or your child
• request that we delete or stop processing your and/or your child’s personal data, for example where the data is no longer necessary for the purposes of processing or where you wish to withdraw consent
• request that we transfer your and your child’s personal data to another person

If you wish to exercise any of these rights at any time please contact the manager at the setting by email, telephone or when you attend the setting.

How to ask questions about this notice

If you have any questions, comments or concerns about any aspect of this notice or how we handle your data please contact the manager at the setting.

How to contact the Information Commissioner Office (ICO)

If the manager is not able to address your concern, please contact  Jaqueline Lucas ( Director)

If you are concerned about the way your data is handled and remain dissatisfied after raising your concern, you have the right to complain to the Information Commissioner Office (ICO). The ICO can be contacted at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or https://ico.org.uk/.

Changes to this notice

We keep this notice under regular review. Any changes to this notice will be shared with you so that you may be aware of how we use your data at all times.

 Admissions Policy

Policy statement

It is our intention to make our  setting accessible to children and families from all sections of the local community. We  aim to ensure that all sections of our community have access to the setting through open, fair and clearly communicated procedures.

Procedures

• We  ensure that information about our setting is accessible, using simple plain English, in written and spoken form and, where appropriate, provided in different community languages and in other formats on request.
•  We  arrange our  waiting list in birth order. In addition, our  policy may take into account:

• the age of the child, with priority given to children who are eligible for the free entitlement – including eligible two year old children;
• the length of time on the waiting list;
• the vicinity of the home to the setting;
• the capacity of the setting to meet the individual needs of the child.

• We  offer funded places in accordance with the Provider Agreement  for Derbyshire County Council and any local conditions in place at the time.
• We offer 30 hours entitlement on the validation of an eligibility code.
• We offer full days Monday- Friday 9am-3pm (term time only) in our Butterfly room. Parents must provide a suitable packed lunch for their child.
• We keep a place vacant, if this is financially viable, to accommodate an emergency admission.
• our  setting and its practices are welcoming and make it clear that fathers, mothers, other relations and carers are all welcome.
• Our setting and its practices operate in a way that encourages positive regard for and understanding of difference and ability -  whether gender, family structure, class, background, religion, ethnicity or competence in spoken English.
• We  support children and/or parents with disabilities to take full part in all activities within our  setting.
•  We  share and widely promote our  Valuing Diversity and Promoting Equality Policy.
• We  consult with families about the opening times of our  setting to ensure that we accommodate a broad range of families' needs.
• We are  flexible about attendance patterns to accommodate the needs of individual children and families, providing these do not disrupt the pattern of continuity in the setting that provides stability for all the children.
• Failure to comply with the terms and conditions may ultimately result in the provision of a place being withdrawn.

Working in partnership with parents and other agencies

We believe that families are central in all services we provide for young children. They are involved in all aspects of their child’s care, their views are actively sought and they are actively involved in the running of the setting in various ways.

We work in partnership with local and national agencies to promote the well-being of all children.

Families

• Parents are provided with written information about the setting, including the setting’s safeguarding actions and responsibilities under the Prevent Duty
• Parents are made to feel welcome in the setting; they are greeted appropriately.
• Every effort is made to accommodate parents who have a disability or impairment.
• The expectations we make on parents are made clear at the point of registration.
• There is a clear expectation that parents will participate in settling their child at the commencement of a place according to an agreed plan.
• There is sufficient opportunity for parents to share necessary information with staff and this is recorded and stored to protect confidentiality.
• Key persons support parents in their role as the child’s first and most enduring educators.
• Key persons regularly meet with parents to discuss their child’s learning and development and to share concerns if they arise.
• Key persons work with parents to carry out an agreed plan to support a child’s special educational needs.
• Key persons work with parents to carry out any agreed tasks where a child protection plan is in place.

• Parents are involved in the social and cultural life of the setting and actively contribute.
• As far as possible the service is provided in a flexible way to meet the needs of parents without compromising the needs of children.
• Parents are involved in regular assessment of their child’s progress, including the progress check at age two, as per procedure Progress check at age two.

• There are effective means for communicating with parents on all relevant matters and  Complaints procedure for parents and service users is referred to when necessary.
• Every effort is made to provide an interpreter for parents who speak a language other than English and to provide translated written materials.
• Information about a child and their family is kept confidential within the setting. The exception to this is where there is cause to believe that a child may be suffering, or is likely to suffer, significant harm, or where there are concerns regarding their child’s development that need to be shared with another agency. Parental permission will be sought unless there are reasons not to, to protect the safety of the child.
• Parental consent is sought to administer medication, take a child for emergency treatment, take a child on an outing and take photographs for the purposes of record keeping.
• Parents’ views are sought regarding changes in the delivery of the service
• Parents are actively encouraged to participate in decision making processes.

Agencies

• We work in partnership or in tandem with local and national agencies to promote the wellbeing of children.
• Procedures are in place for sharing of information about children and families with other agencies, as out in procedures  Confidentiality, recording and sharing information.
• Information shared by other agencies (third party information) is also kept in confidence and not shared without consent from that agency.
• When working in partnership with staff from other agencies, individuals are made to feel welcome in the setting and professional roles are respected.
• Staff follow the protocols for working with agencies, for example on child protection.
• Staff from other agencies do not have unsupervised access to the child they are visiting in the setting and do not have access to any other children during their visit.
• Staff do not casually share information or seek informal advice about any named child/family.
• We consult with and signpost to local and national agencies who offer a wealth of advice and information promoting staff understanding of issues facing them in their work and who can provide support and information for families. For example, ethnic/cultural organisations, drug/alcohol agencies, welfare rights advisors or organisations promoting childcare and early education, or adult education.

Schools

• Settings work in partnership with schools to assist children’s transition as per procedure  Prime times – transition to school, and share information as per procedure Transfer of records.
• The setting manager actively seeks to forge partnership with local schools with the aim of sharing best practice and creating a consistent approach.

Working in partnership with parents and other agencies policy

Aim

We actively promote partnership with parents and recognise the importance of working in partnership with other agencies to promote the well-being of children and their families. This includes signposting parents to support as appropriate.

Objectives

• We believe that parents are children’s first and most enduring educators and our practice aims to involve and consult parents on all aspects of their child’s well-being.
• We also recognise the important role parents must play in the day-to-day organisation of the provision.
• We consider parents views and expectations and will give the opportunity to be involved in the following ways:

• sharing information about their child’s needs, likes, achievements and interests
• contributing with ideas or resources as appropriate to enhance the curriculum of the setting
• taking part in early learning projects, sharing with educators knowledge and insights about their child’s learning
• contributing to assessment with information, photos and stories that illustrate how their child is learning within the home environment, taking part in day-to-day family activities
• taking part in discussion groups
• taking part in planning, preparing, or simply participating in social activities organised within the setting
• involvement in the review of policies and procedures
• Ofsted and setting contact details are displayed on the parent notice board for parents who have a complaint that cannot be resolved with the setting manager in the first instance, or where a parent is concerned that the EYFS standards are not being maintained

Partnership and signposting to other agencies

• We are committed to ensuring effective partnership with other agencies including:

• local authority early years services about the EYFS, training and staff development
• local programmes regarding delivering children’s centres or the childcare and early education element of children’s centres
• social welfare departments regarding children in need and children who need safeguarding or for whom a child protection plan is in place
• child development networks and health professionals to support children with disabilities and special needs
• local community organisations and other childcare and early education providers
• Ofsted and setting contact details are made available to other agencies who have a complaint that cannot be resolved with the Setting Manager in the first instance, or where a parent is concerned that the EYFS welfare standards are not being maintained.

Transfer of records

Records about a child’s development and learning in the EYFS are made by the setting; to enable smooth transitions, appropriate information is shared with the receiving setting or school at transfer. Confidential records are passed on securely where there have been concerns, as appropriate.

Transfer of development records for a child moving to another early years setting or school

• It is the designated person’s responsibility to ensure that records are transferred and closed in accordance with the archiving procedures, set out below.
• If the Local Safeguarding Partners (LSP) retention requirements are different to the setting, the designated person will liaise with their line manager, and seek legal advice if necessary.

Development and learning records

• The key person prepares a summary of achievements in the prime and specific areas of learning and development
• This record refers to any additional languages spoken by the child and their progress in all languages.
• The record also refers to any additional needs that have been identified or addressed by the setting and any action plans.
• The record also refers to any special needs or disability and whether early help referrals, or child in need referrals or child protection referrals, were raised in respect of special educational needs or disability, whether there is an Action Plan (or other relevant plan, such as CIN or CP, or early help) and gives the name of the lead professional.
• The summary shared with schools should also include whether the child is in receipt of, or eligible for EYPP or other additional funding.

Transfer of confidential safeguarding and child protection information

• The receiving school/setting will need a record of child protection concerns raised in the setting and what was done about them. The responsibility for transfer of records lies with the originating setting, not on the receiving setting/school to make contact and request them.
• To safeguard children effectively, the receiving setting must be made aware of any current child protection concerns, preferably by telephone, prior to the transfer of written records.
• Parents should be reminded that sensitive information about their child is passed onto receiving settings where there have been safeguarding concerns and should be asked to agree to this prior to the information being shared. Settings are obliged to share data linked to “child abuse” which is defined as physical injury (non-accidental) physical and emotional neglect, ill treatment and abuse.
• Parents/carers should be asked to agree to this, however, where safeguarding concerns have reached the level of a referral being made to local children’s social work services (either due to concerns that a child may be at risk of significant harm or that a child may be in need under Section 17 of the Children Act,) if consent is withheld the information will most likely need to be shared anyway. It is important that any decisions made to share or not share with or without consent are fully recorded.
• For any safeguarding or welfare concerns that resulted in an early help referral being made, and if consent to share is withheld, legal advice is sought prior to sharing.
• If the level of a safeguarding concern has not been such that a referral was made for early help, or to children’s social work services or police, the likelihood is that any concerns were at a very low level and if they did not meet the threshold for early help, they are unlikely to need to be shared as child abuse data with a receiving setting, however, the designated person should make decisions on a case by case basis, seeking legal advice is necessary.
• The designated person should check the quality of information to be transferred prior to transfer, ensuring that any information to be shared is accurate, relevant, balanced and proportionate. Parents can request that any factual inaccuracies are amended prior to transfer.
• If a parent wants to see the exact content of the safeguarding information to be transferred, they should go through the subject access request process. It is important that a child or other person is not put at risk through information being shared.
• If no referrals have been made for early help or to children’s social work services and police, there should not normally be any significant information which is unknown to a parent being shared with the receiving school or setting.
• If a parent has objections or reservations about safeguarding information being transferred to the new setting, or if it is unclear what information should be included, the designated person will seek legal advice.
• In the event that LSP requirements are different to the setting’s this must be explained to the parent, and a record of the discussion should be signed by parents to indicate that they understand how the information will be shared, in what circumstances, and who by.
• Prior to sharing the information with the receiving setting the designated person should check LSP retention procedures
• If a child protection plan or child in need plan is in place the Child welfare and protection summary is also photocopied and a copy is given to the receiving setting or school, along with the date of the last professional meeting or case conference.
• If a S47 investigation has been undertaken by the local authority a copy of the child welfare and protection concern summary form is given to the receiving setting/school.
• Where a CAF/early help assessment has been raised in respect of welfare concerns, the name and contact details of the lead professional are passed on to the receiving setting or school.
• If the setting has a copy of a current plan in place due to early help services being accessed, a copy of this should be given to the receiving setting, with parental consent.
• Where there has been a S47 investigation regarding a child protection concern, the name and contact details of the child’s social worker will be passed on to the receiving setting/school, regardless of the outcome of the investigation.
• Where a child has been previously or is currently subject to a child protection plan, or a child in need plan, the name and contact details of the child’s social worker will be passed onto the receiving setting/school, along with the dates that the relevant plan was in place for.
• This information is posted (by ‘signed for’ delivery) or taken to the school/setting, addressed to the setting’s or school’s designated person for child protection and marked confidential. Electronic records must only be transferred by a secure electronic transfer mechanism, or after the information has been encrypted.
• Parent/carers should be made aware what information will be passed onto another setting via the Privacy notice.
• Copies of the last relevant initial child protection conference/review, as well as the last core group or child in need minutes can be given to the setting/school.
• The setting manager must review and update the Child welfare and protection summary, checking for accuracy, proportionality, and relevance, before this is copied and sent to the setting/school.
• The setting manager ensures the remaining file is archived in line with the procedures set out below.

No other documentation from the child’s personal file is passed to the receiving setting or school. The setting keeps a copy of any safeguarding records in line with required retention periods.

Archiving children’s files

• Paper documents are removed from the child’s file, taken out of plastic pockets and placed in a robust envelope, with the child’s name and date of birth on the front and the date they left.
• The designated person writes clearly on the front of the envelope the length of time the file should be kept before destruction.

This is sealed and placed in an archive box and stored in a safe place i.e. a locked cabinet for three years or until the next Ofsted inspection conducted after the child has left the setting, and can then be destroyed.

• For web-based or electronic children’s files, the designated person must also use the archiving procedure, and records details of what needs to be retained/destroyed. The designated person must make arrangements to ensure that electronic files are deleted/retained as required in accordance with the required retention periods in the same way as paper based files.
• Health and safety records and some accident records pertaining to a child are stored in line with required retention periods.

Complaints procedure for parents and service users

There is a fair way of dealing with issues as they arise in an informal way, but parents may wish to exercise their right to make a formal complaint. They are informed of the procedure to do this and complaints are responded to in a timely way. The same procedures apply to agencies who may have a grievance or complaint.

Parents

• If a parent is unhappy about any aspect of their child’s care or how he/she feels he/she has been treated, this should be discussed with the child’s key person. The key person will listen to the parent and acknowledge what he/she is unhappy about. The key person will offer an explanation and an apology if appropriate. The issue and how it was resolved is recorded in the child’s file and Complaint Investigation Record. The recording will also make clear whether the issue being raised relates to a concern about quality of the service or practice, or a complaint. For allegations relating to serious harm to a child caused by a member of staff or volunteer procedure Allegations against staff, volunteers or agency staff will be followed.

• If the parent is not happy with the key person’s response or wishes to complain about the key person or any other member of staff, he/she will be directed to the setting manager. Some parents will want to make a written complaint; others will prefer to make it verbally, in which case the setting manager writes down the main issues of the complaint using the Complaint Investigation Record and keeps it in the child’s file.
• The setting manager will investigate the complaint and provide time to feedback to the parent within 28 days. A confidential written report of the investigation is kept in the child’s file if the complaint relates directly to a child.
• If the parent is still not satisfied, or if the complaint is about the setting manager, the setting manager is asked to forward their complaint verbally or in writing to the directors. The complaint will then be investigated further and a response will be given to the parents within a further 14 days.
• If the complainant believes that the matter has not been resolved and there has been a breach of the EYFS requirements they are entitled to make a complaint to Ofsted. The manager will assist in any complaint investigation as well as in producing documentation that records the steps that were taken in response to the original complaint.
• The setting manager ensures that parents know they can complain to Ofsted by telephone or in writing at any time as follows:

Applications, Regulatory and Contact (ARC) Team, Ofsted, Piccadilly Gate, Store Street, Manchester M1 2WD or telephone: 0300 123 1231

Agencies

• If an individual from another agency wishes to make a formal complaint about a member of staff or any practice of the setting, it should be made in writing to the setting manager.
• The complaint is acknowledged in writing within 10 days of receiving it.
• The setting manager investigates the matter and meets with the individual to discuss the matter further within 28 days of the complaint being received.
• An agreement needs to be reached to resolve the matter.
• If agreement is not reached, the complainant may write to the directors, who acknowledges the complaint within 5 days and reports back within 14 days.
• If the complainant is not satisfied with the outcome of the investigation, they are entitled to appeal and are referred to the owners/directors/trustees.

Ofsted complaints record

• Legislation requires settings to keep a record of complaints and disclose these to Ofsted at inspection, or if requested by Ofsted at any other time.
• The record of complaints is a summative record only.

A record of complaints will be kept for at least 3 years.

• In all cases where a complaint is upheld a review will be undertaken by the directors to look for ways to improve practice where it is required.

 Provider records

Policy statement

We  keep records and documentation for the purpose of maintaining our business. These include:

• Records pertaining to our registration.
• contractual documentation pertaining to amenities, services and goods.
• Financial records pertaining to income and expenditure.
• Risk assessments.
• Employment records of our  staff including their name, home address and telephone number.
• Names, addresses and telephone numbers of anyone else who is regularly in unsupervised contact with the children.

We  consider our records as confidential based on the sensitivity of information, such as with employment records. These confidential records are maintained with regard to the framework of the General Data Protection Regulations (2018), further details are given in our Privacy Notice and the Human Rights Act (1998).

This policy and procedure should be read alongside our  Privacy Notice, Confidentiality and Client Access to Records Policy and Information Sharing Policy.

During the COVID-19 outbreak there may be the need to keep additional records as part of outbreak management.

A central record of all confirmed cases of COVID-19 that affect any member of staff or service user is held. This record does not contain personal details about the individual (unless for a member of staff). Records are kept of individual cases of children/families who are self-isolating due to symptoms. In all cases the principles of data protection are maintained.

Procedures

• All records are the responsibility of our management team who  ensure they are kept securely.
• All our records are kept in an orderly way in files and filing is kept up-to-date.
• our financial records are kept up-to-date for audit purposes.
• We  maintain health and safety records; these include risk assessments, details of checks or inspections and guidance etc.
• Our  Ofsted registration certificate is displayed.
• Our  Public Liability insurance certificate is displayed.
• All our  employment and staff records are kept securely and confidentially.

We  notify Ofsted of any:

• change in the address of our premises;
• change to our  premises which may affect the space available to  or the quality of childcare we  provide;
• change to the name and address of our registered provider, or the provider’s contact information
•  change to the person managing our provision
• significant event which is likely to affect our  suitability to look after children; or
• other event as detailed in the Statutory Framework for the Early Years Foundation Stage .

Children’s records and data protection

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Principles of data protection: lawful processing of data

Personal data shall be:

1. processed lawfully, fairly and in a transparent manner in relation to the data subject
2. collected for specified, explicit and legitimate purposes and not further processed in a manner that is not compatible for these purposes
3. adequate, relevant and necessary in relation to the purposes for which they are processed
4. accurate, and where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purpose for which they are processed, are erased or rectified without delay
5. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed
6. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (“integrity and confidentiality”) Article 5 of the General Data Protection Regulations (2018)

Educators should process data, record and share information in line with the principles above.

General safeguarding recording principles

• It is vital that all relevant interactions linked to safeguarding children’s and individual’s welfare are accurately recorded.
• All recordings should be made as soon as possible after the event.
• Recording should be to a good standard and clear enough to enable someone other than the person who wrote it, to fully understand what is being described.
• Recording can potentially be viewed by a parent/carer or Ofsted inspector, by the successors of the educators who record, and may be used in a family Court as relevant evidence to decide whether a child should remain with their biological parents, or be removed to live somewhere else. Recording needs to be fair and accurate, non-judgemental in tone, descriptive, relevant, and should clearly show what action has been taken to safeguard a child, and reflect decision-making relating to safeguarding.
• Recording should be complete, it should show what the outcome has been, what happened to referrals, why decisions were made to share or not share information, and it should contain summaries and minutes of relevant multi-agency meetings and multi-agency communication.
• If injuries or other safeguarding concerns are being described the description must be clear and accurate and should give specific details of the injury observed and where it is located.

The principles of GDPR and effective safeguarding recording practice are upheld

• Recording is factual and non-judgemental.
• The procedure for retaining and archiving personal data and the retention schedule and subsequent destruction of data is adhered to.

• Parents/carers and children where appropriate are made aware of what will be recorded and in what circumstances information is shared, prior to their child starting at the setting. Parents/carers are issued with Privacy notice and should give signed, informed consent to recording and information sharing prior to their child attending the setting. If a parent/carer would not expect their information to be shared in any given situation, normally, they should be asked for consent prior to sharing.
• There are circumstances where information is shared without consent to safeguard children. These are detailed below, but in summary, information can be shared without consent if an educator is unable to gain consent, cannot reasonably be expected to gain consent, or gaining consent places a child at risk.
• Records can be accessed by and information may be shared with local authority professionals. If there are significant safeguarding or welfare concerns, information may also be shared with a family proceedings Court or the police. Educators are aware of information sharing processes and all families should give informed consent to the way the setting will use, store and share information.
• Recording should be completed as soon as possible and within 5 working days as a maximum for safeguarding recording timescales.

• If a child attends more than one setting, a two-way flow of information is established between the parents/carers, and other providers. Where appropriate, comments from others (as above) are incorporated into the child’s records.

Children’s personal files

• Appropriate files must be used.
• The sections contained are as follows:

• personal details: registration form and consent forms.
• SEND support requirements
• additional focussed intervention provided by the setting e.g. support for behaviour, language or development that needs an Action Plan at setting level
• records of any meetings held
• welfare and safeguarding concerns: correspondence and reports: all letters and emails to and from other agencies and confidential reports from other agencies

• Children’s personal files are kept in a filing cabinet, which is always locked when not in use.

• Correspondence in relation to a child is read, any actions noted, and filed immediately
• Access to children’s personal files is restricted to those authorised to see them and make entries in them, this being the setting manager, deputy or designated person for child protection, the child’s key person, or other staff as authorised by the setting manager.
• Children’s personal files are not handed over to anyone else to look at.
• Children’s files may be handed to Ofsted as part of an inspection or investigation; they may also be handed to local authority staff conducting a S11 audit as long as authorisation is seen.

Confidentiality, recording and sharing information

Most things that happen between the family, the child and the setting are confidential to the setting. In certain circumstances information is shared, for example, a child protection concern will be shared with other professionals including social care or the police, and settings will give information to children’s social workers who undertake S17 or S47 investigations. Normally parents should give informed consent before information is shared, but in some instances, such as if this may place a child at risk, or a serious offence may have been committed, parental consent should not be sought before information is shared. Local Safeguarding Partners (LSP) procedures should be followed when making referrals, and advice sought if there is a lack of clarity about whether or not parental consent is needed before making a referral due to safeguarding concerns.

• Staff discuss children’s general progress and well-being together in meetings, but more sensitive information is restricted to designated persons and key persons and shared with other staff on a need-to-know basis.
• Members of staff do not discuss children with staff who are not involved in the child’s care, nor with other parents or anyone else outside of the organisation, unless in a formal and lawful way.
• Discussions with other professionals should take place within a professional framework, not on an informal basis. Staff should expect that information shared with other professionals will be shared in some form with parent/carers and other professionals, unless there is a formalised agreement to the contrary, i.e. if a referral is made to children’s social care, the identity of the referring agency and some of the details of the referral is likely to be shared with the parent/carer by children’s social care.
• It is important that members of staff explain to parents that sometimes it is necessary to write things down in their child’s file and explain the reasons why.
• When recording general information, staff should ensure that records are dated correctly and the time is included where necessary, and signed.
• Welfare/child protection concerns are recorded on the Safeguarding incident reporting form Information is clear and unambiguous (fact, not opinion), although it may include the educator’s thoughts on the impact on the child.
• Records are non-judgemental and do not reflect any biased or discriminatory attitude.
• Not everything needs to be recorded, but significant events, discussions and telephone conversations must be recorded at the time that they take place.
• Recording should be proportionate and necessary.
• When deciding what is relevant, the things that cause concern are recorded as well as action taken to deal with the concern. The appropriate recording format is filed within the child’s file.
•  Information shared with other agencies is done in line with these procedures.
• Where a decision is made to share information (or not), reasons are recorded.
• Staff may use a computer to type reports, or letters. Where this is the case, the typed document is deleted from the computer and only the hard copy is kept.
• Electronic copy is downloaded onto a disc, labelled with the child’s name and stored in the child’s file. No documents are kept on a hard drive because computers do not have facilities for confidential user folders.
• The setting is registered with the Information Commissioner’s Office (ICO). Staff are expected to follow guidelines issued by the ICO, at https://ico.org.uk/for-organisations/guidance-index/
• Additional guidance in relation to information sharing about adults is given by the Social Care Institute for Excellence, at www.scie.org.uk/safeguarding/adults/practice/sharing-information
• Staff should follow guidance including Working Together to Safeguard Children (DfE 2018); Information Sharing: Advice for Practitioners Providing Safeguarding Services to Children, Young People, Parents and Carers 2018 and What to do if you’re Worried a Child is Being Abused (HMG 2015)

Confidentiality definition

• Personal information of a private or sensitive nature, which is not already lawfully in the public domain or readily available from another public source, and has been shared in a relationship, where the person giving the information could reasonably expect it would not be shared with others.

• Staff can be said to have a ‘confidential relationship’ with families. Some families share information about themselves readily; members of staff need to check whether parents regard this information as confidential or not

Client access to records

Under the General Data Protection Regulations there are additional rights granted to data subjects which must be protected by the setting.

The parent is the ‘subject’ of the file in the case where a child is too young to give ‘informed consent’ and has a right to see information that the setting has compiled on them.

• If a parent wishes to see the file, a written request is made, which the setting acknowledges in writing, informing the parent that an arrangement will be made for him/her to see the file contents, subject to third party consent.
• Information must be provided within 30 days of receipt of request. If the request for information is not clear, the manager must receive legal guidance. In some instances, it may be necessary to allow extra time in excess to the 30 days to respond to the request. An explanation must be given to the parent where this is the case. The maximum extension time is 2 months.
• A fee may be charged to the parent for additional requests for the same material, or any requests that will incur excessive administration costs.
• The setting manager informs the directors and legal advice is sought.
• The setting manager goes through the file  and ensures all documents are filed correctly, entries are in date order and that there are no missing pages. They note any information, entry or correspondence or other document which mentions a third party. The setting manager should always ensure that recording is of good quality, accurate, fair, balanced and proportionate and should have quality assurance processes in place to ensure that files are checked for quality regularly and that any issues are addressed promptly.
• Each of those individuals are written to explaining that the subject of the file has requested sight of the file which contains a reference to them, stating what this is.
• They are asked to reply in writing to the setting manager giving or refusing consent for disclosure of that material. 
• Copies of these letters and their replies are kept on the child’s file.
• Agencies will normally refuse consent to share information, and the parent should be redirected to those agencies for a request to see their file held by that agency.
• Entries where you have contacted another agency may remain, for example, a request for permission from social care to leave in an entry where the parent was already party to that information. 
• Each family member noted on the file is a third party, so where there are separate entries pertaining to each parent, step-parent, grandparent etc, each of those have to be written to regarding third party consent.
• Members of staff should also be written to, but the setting reserves the right under the legislation to override a refusal for consent, or just delete the name and not the information.

• If the member of staff has provided information that could be considered ‘sensitive’, and the staff member may be in danger if that information is disclosed, then the refusal may be granted.
• If that information is the basis of a police investigation, then refusal should also be granted.
• If the information is not sensitive, then it is not in the setting’s interest to withhold that information from a parent. It is a requirement of the job that if a member of staff has a concern about a child and this is recorded; the parents are told this at the start and in most cases, concerns that have been recorded will have been discussed already, so there should be no surprises.
• The member of staff’s name can be removed from an entry, but the parent may recognise the writing or otherwise identify who had provided that information. In the interest of openness and transparency, the setting manager may consider overriding the refusal for consent.
• In each case this should be discussed with members of staff and decisions recorded.

• When the consent/refusals have been received, the setting manager takes a photocopy of the whole file. On the copy file the document not to be disclosed is removed (e.g. a case conference report) or notes pertaining to that individual in the contact pages blanked out using a thick marker pen.
• The copy file is then checked by the directors and legal advisors verify that the file has been prepared appropriately, for instance, in certain circumstances redaction may be appropriate, for instance if a child may be damaged by their data being seen by their parent/carer, e.g. if they have disclosed abuse. This must be clarified with the legal adviser.
• The ‘cleaned’ copy is then photocopied again and collated for the parent to see.
• The setting manager informs the parent that the file is now ready and invites him/her to make an appointment to view it.
• The setting manager meetst with the parent to go through the file, explaining the process as well as what the content records about the child and the work that has been done. Only the persons with parental responsibility can attend that meeting, or the parent’s legal representative or interpreter.
• The parent may take a copy of the prepared file, but it is never handed over without discussion.
• It is an offence to remove material that is controversial or to rewrite records to make them more acceptable. If recording procedures and guidelines have been followed, the material should reflect an accurate and non-judgemental account of the work done with the family.
• If a parent feels aggrieved about any entry in the file, or the resulting outcome, then the parent should be referred to the Complaints procedure for parents and service users.
• The law requires that information held must be accurate, and if a parent says the information held is inaccurate then the parent has a right to request it to be changed. However, this only pertains to factual inaccuracies. Where the disputed entry is a matter of opinion, professional judgement, or represents a different view of the matter than that held by the parent, the setting retains the right not to change the entry but can record the parent’s view. In most cases, a parent would have had the opportunity at the time to state their side of the matter, and this should have been recorded there and then.
• If there are any controversial aspects of the content of a client’s file, legal advice must be sought. This might be where there is a court case between parents or where social care or the police may be considering legal action, or where a case has already completed and an appeal process is underway.
• A setting should never ‘under-record’ for fear of the parent seeing, nor should they make ‘personal notes’ elsewhere.