Bradford Children and Families Trust Limited (the Trust) is registered with the Information Commissioner’s Office (ICO) under the provisions of the Data Protection Act 2018.
This notice provides details of how the Trust collects and uses data. Please also refer to the Main Privacy Notice.
Purpose and legal basis for processing data within MARAC
6.1(d) ‘Processing data is necessary to protect the vital interests of a data subject or another person’ and 6.1(e) ‘is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.’
MARAC processes sensitive data and the legal basis for processing sensitive data within MARAC
9(2)(b) Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement.
MARAC will use data to reach safe decisions about the people referred to MARAC and their families. The data may be used by different agencies in different ways: the Police may determine if any of the details reach the threshold to initiate or contribute to a Police investigation pursuant to Criminal Procedures and Investigations Act 1996. Children’s Services may also consider if these details reach the threshold for a referral to their service in order to protect children and young people. The National Probation Service and the Community Rehabilitation Company may use these details to determine if Probation Orders have been breached.
MARAC is also obliged to provide redacted data to SafeLives for the purposes of monitoring. MARAC will also use redacted data for research within Bradford Local Authority to improve services.
Categories of personal data:
The type of data collected is sensitive and includes data about individuals, partners, children and families. This data is collected to protect people and their families referred to MARAC. The data includes: personal data such as name, age, sexuality, ethnicity, religion, disability, relationship status, relationship history, incidents of domestic and sexual abuse, mental and physical health, accommodation, substance use history, details about children and young people in their care or with who they have contact, offending history, legal proceedings, immigration status and eligibility for benefits.
The referrer will endeavour to obtain consent which should be ‘freely given, specific, informed and an unambiguous indication of the wishes and feelings of’ the person referred. The referrer must ensure the person referred has been informed that their data will be used for the purposes of risk assessment and safety planning within MARAC. However as noted above may be used in different ways by different organisations.
In circumstances where it is difficult to do so for example where coercion is applied by the perpetrator(s) or where consent is withheld; the MARAC meeting will accept the referral, irrespective of consent. This is on the basis that people are referred to MARAC because the referrer believes they and their family are at high risk of significant injury or death as a result of domestic abuse and obtaining consent may increase risks to the person referred or their family, delay safety planning or compromise a Police, child or adult protection investigation.
Consent may also be superseded where public interest is paramount. The criteria for which is where disclosure is necessary for the prevention, detection or prosecution of a crime, protecting the public or the rights of others.
Disclosure must be relevant, proportionate to the necessity to protect individuals and also their rights to privacy. Decisions about consent and disclosure are recorded and people have the right to be informed about this decision.
Recipient of personal data.
MARAC is a multi-agency partnership. Data is confidentially exchanged between the following organisations:
- Children’s Social Care
- Adult Social Care
- West Yorkshire Police
- Clinical Commission Group (CCG)
- Education Bradford
- Staying Put and Domestic Violence Service
- Community Rehabilitation Company (CRC)
- Drug Treatment Services
- Change Grow Learn (CGL)
Additional organisations may also attend MARAC such as therapeutic services, refuges and charities.
The multi agency partnership is prohibited from disseminating data outside of this partnership without the permission of the partnership and where necessary the person referred.
The Retention period for MARAC data is for the duration of the risk. This will be reviewed annually. Different organisations will have different retention periods.
MARAC data is stored within a secure site on Microsoft SharePoint. Access is restricted to designated individuals. The multi agency partnership must ensure they have similar restricted systems.
Printing referrals and minutes from MARAC on Microsoft SharePoint is prohibited.
Data access requests
People may request their data and also apply to amend, restrict or remove their data in certain circumstances and these applications or any questions about data protection and exchange should be sent to the Data Protection Officer: email@example.com.
The Legislative Framework for Exchanging and Protecting Data
- GDPR 2018
- Human Rights Act 1998
- Crime and Disorder Act 1998
- Criminal Procedures and Investigations Act 1996
- Common Law Duty of Confidence
- Freedom of Information Act 2000
- Housing Act 1996 (for RSLs)
- Mental Health Act 1983
- Health & Social Care Act 2001
- Education Act 1996 and 2002
- Children Act 1989 and 2004
- NHS and Community Care Act 1990
- Sex Offenders Act 1997
What are your rights?
You have the right to request BCFT to stop processing your personal data in relation to any service. See our main Privacy Notice for details.