Foster Care Foster Care
Health & Social Care Helath & Social Care

Privacy Policy 

We take our legal duty for safeguarding your personal data and privacy very seriously.

This privacy notice sets out what sort of information we hold on foster carers, support members and people applying to become foster carers, why we need it, how we hold it, how we use it, who we share it with and what rights you have in relation to this information.

This privacy notice is also available on our website (link)

For the purpose of data protection laws, the data controller is Swiis Foster Care, Connaught House, 80-81 Wimpole Street, London, W1G 9RE

We are required to have a Data Protection Officer. This person is responsible for making sure that our fostering service complies with its legal duties about collecting, keeping and sharing your personal data. Our data controller is Oliver Webber who can be contacted by writing to the address above or by emailing Oliver.Webber@swiis.com

Data Protection Principles

Under the GDPR, there are six data protection principles that we must comply with. These provide that the personal information we hold about you must be:

‘Personal Data’ means any information relating to an identifiable person who can be identified (directly or indirectly) by reference to an identifier.

Why do we collect your personal data?

We collect and use your personal data in relation to your position as a foster carer, member of the fostering household, your role as a support member or a person applying to foster; we collect this data because the law requires us to do so.

Before we are allowed to approve you as a foster carer we must assess you to consider whether you are suitable to look after children and young people. This involves us collecting and recording a lot of personal information about you, your family and persons in your household. The law requires us to keep this information for a number of years, whether or not you end up being approved (see How long do we keep your personal data?)

If you are approved as a foster carer, we have a duty to supervise and support you to look after children, and to keep records of how we are doing that. We also have a legal responsibility to review your approval at least annually, and the information we have gathered and recorded is also used for that purpose.

What personal information do we collect?

Information collected to process your application
When processing your application to foster we collect information regarding you and your family. This includes;

Information collected as part of the fostering assessment:

If you continue to the assessment process, we collect information to assess your suitability to become a foster carer. This includes;

Your social worker will explain the assessment process to you and show you the forms we use to record these details.

We also collect ‘Criminal Records Data’ including details of any spent convictions, cautions or warnings unless they are ‘protected’ or considered not to be relevant under the PVG (Scotland) Act 2007 Remedial Order 2018. You will be asked to give written consent to us taking up Disclosure Scotland checks, medical, local authority and other checks and references from third parties. We are required to hold this information in your case record.

Information Collected re Approved Foster Carers
If you are approved as a foster carer, the personal information we collect and record includes:

As part of the post-approval process, we also process ‘Criminal Records Data’, Medical Checks and other checks that may be required to assess your ongoing suitability to foster; You will be asked to give written consent to these checks. We are required to hold this information in your case record.

Do we keep data on your family including your children?
In assessing you to be a foster carer, and in working with you when you are a foster carer, it is necessary for us to have personal information about others in your family and/or living in your household. Most of this information will have been provided by you as part of your assessment or in supervision after you are approved, or by them directly, or very occasionally by others.

This personal information will be contained within your records, and we will not have a separate case record for your family members or household members. We ask that you inform your family and household members about this, according to their age and understanding, and tell them that they can read this privacy notice if they want to.

We collect personal data about family/household members of those wishing to become foster carers; this includes:
Personal Data such as their full name, gender, date of birth
Information about their background and identity such as previous fostering/adoption experience, lifestyle

We may ask them for a reference, which will contain their personal opinion about the person applying to foster with us. Adult members of the fostering household will also be asked to give written consent to us processing Disclosure Scotland Checks and other checks that may be relevant (i.e. Local Authority Checks).

We also collect the follow types of data
We also collect the following types of data when you use our website;

Special Category Data

Special category data relates to your racial or ethnic origin, religion; biometrics (where used for ID purposes); health and sexual orientation. We collect Special Category Data throughout various stages of the assessment and post-approval process.

We also process Criminal Offence Data including details of any spent convictions, cautions or warnings will be updated at required intervals. This information will be processed, with your consent, as part of the assessment process and post-approval process.

If you fail to provide personal data

If you fail to provide certain personal information when requested or required, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.   

How do we collect your Personal Data

Much of the personal information we hold will have been provided by you, such as when you;

Other information will come from third parties during the assessment such as criminal records checks, medical assessments or from personal referees, employers, local authorities, but only where you have given consent for us to approach them.

How do we use your personal data?

We will only use your personal data when the law allows us and in the following circumstances;

We keep and use your information to enable us to run a fostering service in line with the requirements that are set out in law. This will include assessing your suitability to be a foster carer, presenting a report about this to our fostering panel, matching you with children who need to be fostered, supporting and supervising your activity as a foster care and formally reviewing, at least annually, your continued suitability to foster.

Purposes for which we will use your Personal Information

We may use your personal data for different purposes; the following are a list of purposes for which we process your personal information and the lawful bases on which we rely to carry out such processing;

Purpose Lawful Basis
Direct Marketing –       Consent, where we have a record that shows you have given us express consent to use your personal data
Data Analytics and Online User Engagement –       Consent, where we have a record that shows you have given us express consent to use your personal data.  Please refer to the cookie policy
Process your application to foster –       Necessary for the performance of the contract

 

–       Legal Obligation as specified in law

–       Special Category Data that forms part of your application to foster:  Processing is necessary for the purposes of  Carrying out the obligations of the controller in the field of employment (i.e. legal requirements in relation to fostering)

Undertaking a fostering assessment –       Necessary for the performance of the contract

 

–       Legal Obligation as specified in law

–       Necessary for our legitimate interest

–       Special Category Data that forms part of your application to foster:  Processing is necessary for the purpose of carrying out the obligations of the controller  in the field of employment (i.e. legal requirements in relation to fostering)

–       Criminal Offence Data that forms part of your application to foster; processing is necessary for the purpose of a contract and is also specified in law (Fostering Services Regulations)

To maintain records relating to prospective foster carers, approved foster carers and children looked after –       Legal Obligation as specified in law

 

–       Necessary for the performance of the contract

–       Where this involves special category data, processing is necessary for the purpose of carrying out the obligations of the controller  in the field of employment (i.e. legal requirements in relation to fostering)

To assess your ongoing suitability as a foster carer and provide you with supervision and support –       Legal Obligation as specified in law

 

–       Necessary for the performance of the contract

–       Where this involves special category data Processing is necessary for the purpose of carrying out the obligations of the controller  in the field of employment (i.e. legal requirements in relation to fostering

–       Criminal Offence Data that forms part of your application to foster; processing is necessary for the purpose of a contract and is also specified in law (Fostering Services Regulations)

Matching and placement of children/young people in your care (this involves assessing your suitability to looked after a specific child and provide details of the placement to the relevant local authority) –       Necessary for the performance of the contract

 

–       Where this involves special category data Processing is necessary for the purpose of carrying out the obligations of the controller  in the field of employment (i.e. legal requirements in relation to fostering

–       Criminal Offence Data that forms part of your application to foster; processing is necessary for the purpose of a contract and is also specified in law (Fostering Services Regulations)

We will only use your personal information for the purpose for which we collected it, unless we are required or permitted by law; if we need to use your personal information for any other purpose we will contact you to explain the lawful basis required for the processing.

Your rights in connection with your personal information

Subject to certain conditions, and in certain circumstances, you have the right to:

If you wish to exercise any of these rights, please contact our data protection officer or complete the electronic form on the Company’s website. We may need to request specific information from you in order to verify your identity and check your right to access the personal information or to exercise any of your other rights. These rights are not absolute and there may be certain circumstances where we are unable to comply with your request; in such cases we will explain why we cannot comply with your request.

Who has access to your data?

Employees (including independent workers) of Swiis Foster Care will have access to your information for the legitimate purposes set out above. Additionally, we may share your information with third parties in certain situations:

We may make information available to regulatory authorities, governmental organisations, or other third parties if required to do so by any regulatory or legal authority, safeguarding enquiry or in order to comply with the law, or in some circumstances if you ask us to do so.

How do we make sure your personal data is kept safe?

We have a range of policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed. We have a system to ensure that your information is accessed only by individuals authorised by us to do so in the performance of their duties.

Your personal data that is held electronically is only accessible to legitimate persons, and appropriate encryption and other systems are in place to ensure this. These systems have been assessed and certified as appropriate by an independent organisation who specialise in this area of work. Where we are required to share your information with other, we will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

All of our staff are trained in data protection duties, and are required to comply with our data protection policies.

When we share your information with third parties, we are obliged to check that those third parties have systems in place to protect your information with appropriate security measures and that they will not disclose your information to others.

If there is a data breach, where we ‘lose’ or wrongly share any of your personal information by mistake, we will inform you of that, and tell you what action we are taking.

How can you see what personal information is held on your record?

You can ask to see what personal information we hold about you. This is sometimes called a subject access request. We will provide this information to you within one month (unless things are very complicated), and there is no cost for this. If you want to see the information we hold about you then please contact the data controller whose details are provided earlier in this notice. You do not have to give any reasons for why you want to see this information.

Use of Cookies

Cookies are small files of letters and numbers stored on a person’s computer (or tablet/mobile phone) which allow us to recognise and track users of our website.

We use the following cookies on our website;

Session cookies; These cookies are used by the server to store information about user page activities so users can easily pick up where they left off on the server's pages. Some cookies act as a sort of “bookmark” within a website.

Persistent cookies; On your first visit to our website, the website is presented to you in ‘default mode’; you then select your preferences and these preferences are remembered, through the use of the persistent cookie, the next time you visit our site. This allows the website to remember you on subsequent visits, enhancing your experience of using our website.

Third party cookies; A third party cookie is issued by a different server to that of the domain being visited. For example on our website Twitter or YouTube, It could be used to trigger a banner advert based on the visitor's viewing habits.

For more information on deleting Cookies, please follow this link

International Transfers

The only circumstances where we may transfer data outside of the EEA (European Economic Area) is in relation to external websites (like Survey Money) that transfers some data to the United States. We always ensure that external websites have Privacy Policy in place which is compliant with GDPR.

Linking to other websites

Our website sometimes include links to other third party websites which are not within our control. Once you have left our website, we cannot be held responsible for the content of these third party websites or the protection and privacy of any information which you provide to those websites.

Comments or Concerns

If you have any concerns or comments about how we use your information, we would like to hear from you. Please contact the data controller whose details are provided earlier in this notice.

Alternatively, you may contact the Information Commissioner’s Office (www.ico.org.uk) for guidance and advice, or to lodge a complaint:

ICO
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF