INFORMATION SHARING AGREEMENT (ISA)

BETWEEN

CHESHIRE POLICE

AND

CHESHIRE SCHOOLS

VERSION DATE REASON AMENDED BY

5.0 23/09/2015 Final Version Project Lead

1NOT PROTECTIVELY MARKED

SUMMARY SHEET

Operation Encompass

ISA Ref: ISA

PURPOSE

Operation Encompass is a multi-agency approach to give early notification to schools, academies, colleges and nurseries that a child or young person has been present, witnessed or been involved in a domestic abuse incident. Nominated key adults within local schools will receive information from Cheshire Police to afford them the opportunity of assessing the needs of the child during the school day and, should it be deemed appropriate to do so, to provide early support.

PARTNERS

Cheshire Police

Halton Borough CouncilCheshire East CouncilWarrington Borough CouncilCheshire West and Chester

Cheshire Local Education Authorities

Date Agreement comes into force: 1st November 2015

Date Agreement Review: 1st April 2016

Protective Marking: Not Protectively Marked

This is a controlled document issued by Cheshire Police. Comments, queries and suggestions for amendments should be addressed to:

2NOT PROTECTIVELY MARKED

Agreement Owner: Cheshire Police – Operation Encompass Project Manager

DI Paul HughesComplex Dependency Team

Northwest Fire ControlLingley MereWarringtonWA5 3UZ

Paul.Hughes@Cheshire.pnn.police.uk

CONTENTS

Summary Sheet …………………………… Page 2

Contents …………………………… Page 31. Introduction …………………………… Page 4

2. Purpose …………………………… Page 4

3. Partner(s) …………………………… Page 5

4. Power(s) …………………………… Page 6

5. Process …………………………… Page 6

6. Data Quality …………………………… Page 11

7. Security …………………………… Page 11

8. Complaints …………………………… Page 12

9. Amendments …………………………… Page 12

10. Subject Access …………………………… Page 12

11. FOI Act 2000 …………………………… Page 13

12. Signatures …………………………… Page 13

1. INTRODUCTION

3NOT PROTECTIVELY MARKED

1.1 The Children Act 2004 (sections 10 and 11), charges the Police and other statutory agencies with the responsibility of working together to safeguard children. Section 10 (2) of the Act states, ‘The arrangements are to be made with a view to improving the well-being of children in the authority’s area so far as relating to –

a) physical and mental health and emotional well-being;b) protection from harm and neglect;c) education, training and recreation;d) the contribution made by them to society; ande) social and economic bell-being.’

1.2 Section 175 of the Education Act 2002, places a duty on local education authorities to make arrangements for ensuring that the functions conferred on them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children.

1.3 Section 175 also places a duty on governing bodies to ensure that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.

1.4 Operation Encompass is an initiative between Cheshire Police, local schools, academies, colleges and nurseries to share domestic abuse (DA) information with nominated key adults where it is identified that a child was present, witnessed or was involved in such an incident. The sharing of this information will allow key adults to carry out an assessment of the needs of that child during the school day to determine what, if any, early intervention support is required to be put in place. The support that may be provided by the key adult can be overt or silent.

1.5 This information sharing agreement (ISA) does not replace or supersede any existing ISA’s, or attempt to singularly address any child welfare issues. It should be followed in conjunction with current safeguarding procedures and is designed to support those procedures through ensuring a child`s well-being is of paramount importance.

1.6 Throughout this ISA, the term ‘school’ will be used generically as representing all schools, academies, colleges and nurseries in Cheshire local authority areas.

1.7.1 Parents, teacher’s, governors of schools and local councillor’s will all be made aware of the implementation of Operation Encompass by 1st November 2015.

4NOT PROTECTIVELY MARKED

2. PURPOSE

2.1 The purpose of this agreement is to facilitate the lawful exchange of information in order to comply with the statutory duty on Chief Police Officers to safeguard children. It sets out a multi-agency procedure to identify and provide appropriate early intervention support to a child who was present, witnessed or was involved in a DA incident.

2.2 The sharing of DA information between Cheshire Police and schools will allow a nominated key adult to respond, if it is appropriate to do so, to the immediate needs of a child. The support that can be provided to address the emotional, health and well-being of the child can be overt or silent, but is dependent upon the circumstances surrounding each incident.

2.3 The responsibility for providing support, or not as the case may be, will be down to the nominated key adult.

2.4 It is hoped, through the sharing of information between agencies and providing early intervention support to a child as described above, Operation Encompass will reduce the impact of living with DA, which can result in anxiety, depression, aggression and post-traumatic stress disorder (PTSD).

2.5 Operation Encompass will enable DA to become an issue that can be discussed in schools and will not be seen as a ‘taboo’ subject. In other parts of the United Kingdom where Operation Encompass has already been implemented, parents are acknowledging the impact such abuse has on their children and have been prepared to talk to teachers about it.

3. PARTNERS

5NOT PROTECTIVELY MARKED

3.1 This agreement is between the following partners:

Cheshire Police and

The following education authorities, acting on behalf of Cheshire schools, academies, colleges and nurseries being

Halton Borough Council,Cheshire West and Chester Council,Cheshire East Council Warrington Borough Council

3.2 It will be the responsibility of these partners to ensure that:

Realistic expectations prevail from the outset; Ethical standards are maintained; A mechanism exists by which the flow of information can be controlled; The integrity of the data is maintained at all times; Appropriate training is given; and Adequate arrangements exist to test adherence to the agreement.

4. POWERS

4.1 This agreement fulfils the requirements of the following:

Sections 10 and 11 (2) of the Children Act 2004; Data Protection Act 1998 Common Law Human Rights Act 1998, Schedule 1, Article 8

6NOT PROTECTIVELY MARKED

5. PROCESS

5.1 This agreement has been formulated to facilitate the exchange of information between Cheshire Police and its identified partners (see section 3 above). It is, however, incumbent upon all those concerned to recognise that any information that is shared will have been done on a case by case basis.

5.2 TYPES OF INFORMATION TO BE SHARED

Cheshire Police will share:

the fact that the police were called out in the last 24 hours to a DA incident and a child was present, witnessed, involved in it or permanently resides at the address (during the school week);

the police reference number;

the time and date of the event;

circumstances surrounding the incident;

the names and dates of birth of any child from that school who was present, witnessed or was involved in the DA incident when it took place; and

any other relevant safeguarding information that may assist the school in providing early intervention support to the child being referred.

Information will be shared ONLY by phone to the Key Adults, no email will be provided.

Information will be provided by area referral units, the aim is to complete this by 9am on the next school day

5.2.1 It is recognised that the handling of such confidential, sensitive and often raw information needs to be dealt with in a way that is proportionate and appropriate to the needs of the child or young person. To address this, key adults will be identified in each school (a person with child safeguarding training). Where DA information is shared with key adults, the key adult will ensure that any records they have made will then be stored and secured in a similar manner to child safeguarding files.

5.2.2 The key adult will be the person available each day to receive the details of the DA incident and assess the type of support needed for the child. Cheshire Police will hold a database of all key adults in the Cheshire area.

5.2.3 Partners to this agreement will share:

7NOT PROTECTIVELY MARKED

A database of trained key adults. (They must also ensure that there is a sufficiently trained deputy to receive the information in their absence and any changes to the database must be reported to the single point of contact (SPoC) as soon as practicable);

A contact email address for the key adult; and

A contact telephone number for the key adult to be contacted on.

5.3 CONSTRAINTS ON THE USE OF THE INFORMATION

5.3.1 The information shared must be stored securely and deleted when it is no longer required for the purpose for which it was provided.

5.3.2 Disclosure of personal data must be relevant. Only the minimum amount of information that needs to be shared to achieve the purpose for sharing it shall be supplied.

5.3.3 The identity of the originator must be recorded against the relevant data. No secondary use or other use may be made of the information unless the consent of the disclosing party to that secondary use is sought and granted in writing.

5.3.4 All disclosures must be compatible with the 8 Data Protection Principles detailed below:

Processed fairly and lawfully (must have a legitimate reason to hold data)

Obtained only for one or more specified and lawful purpose

Adequate, relevant and not excessive

Accurate and up to date

Kept no longer than necessary

Processed in accordance with the data subjects rights

Awarded appropriate security measures

Retained within the European Economic Area unless adequate protection can be

guaranteed from other areas

5.4 ROLES AND RESPONSIBILITIES UNDER THIS AGREEMENT

5.4.1 Each partner must appoint a named SPoC who must work together to jointly solve problems relating to this agreement.

8NOT PROTECTIVELY MARKED

5.4.2 SPoC’s will be responsible for the specific task of the effective exchange of information and will be required to comply with current data protection legislation. The sharing of information must only take place where it is valid and legally justified.

5.4.3 It will be the responsibility of the designated person (DP) for Cheshire Police to disclose only relevant and appropriate information to support Operation Encompass. The DP will be accountable for that disclosure.

5.4.4 The DP must ensure that the sharing of DA information meets a policing purpose.

5.5 SPECIFIC PROCEDURES

5.5.1 The records of all police callouts to domestic incidents will be reviewed to ascertain if a child was present, witnessed it, was involved in it or permanently resides at the address. Once relevant information has been identified through the police IT systems, a key adult will be contacted by telephone and that information shared with them.

5.5.2 DA incidents that are reported and recorded on a Friday, Saturday or a Sunday, that meet the criteria under Operation Encompass, will be shared with schools the following Monday unless it is during school holidays. There is currently no provision to

share information on DA occurring during school holiday periods, as the aim of Operation Encompass is to provide support in the period immediately following the incident. However, this will be subject to an on-going review and regular consultation with the local schools.

5.5.3 A disclosure will be made in respect of all children attending schools in Cheshire where it can be identified which school it is they attend.

5.5.4 Where DA information has been shared with key adults the person sharing that information will be responsible for recording this fact on NICHE (The Cheshire Police Integrated Record Information System). It will be recorded on the occurrence enquiry log (OEL) of the event itself and will commence with the words ‘Operation Encompass’. The information that will need to be recorded is:

The date and time it was shared; and

details of which school and to whom it was shared.

5.5.5 Key adults, when receiving information from the police, must record the information they receive. The key adult will ensure any documentation relating to shared information is retained, stored and secured utilising the current process used to store child safeguarding paperwork. Schools need to be aware that in the event of any domestic homicide or a future serious case review the information they have recorded and retained may be required for disclosure purposes.

9NOT PROTECTIVELY MARKED

5.5.6 There is no need for the designated person employed to support Operation Encompass to record what DA information has been shared with the key adult as this should replicate the information recorded on the DA notes report attached to the NICHE OEL event.

5.5.7 It is important that Cheshire Police record the fact that DA information has been shared on the OEL as this will assist in conducting audits and will support any future serious case review investigations.

5.6 REVIEW, RETENTION AND DISPOSAL

5.6.1 Partners to this agreement undertake that personal data (as defined in Section 1 Data

Protection Act 1998) shared with them will only be used for the specific purpose for which it was shared. The recipient of the information is required to keep it securely stored and will dispose of it when it is no longer needed. Cheshire Police may request a copy of the partner’s information security policy (where it exists) when sensitive personal data (as defined in section 2 Data Protection Act 1998) is to be shared.

5.6.2 Files containing information from partner sources will be reviewed in line with force policy.

5.6.3 The recipient will not release the information to any third party without obtaining the

express written authority of the partner who provided it.

5.7 REVIEW OF THE INFORMATION SHARING AGREEMENT

5.7.1 This ISA will be reviewed six months after its implementation and annually thereafter. The nominated holder of this agreement is Cheshire Police. It is based on the national template for Information Sharing which forms part of the guidance issued on the Management of Police Information (MOPI) by the National Police Chiefs’ Council (NPCC) and the Home Office.

5.8 INDEMNITY

5.8.1 Partners to this agreement, as receivers of police information, will accept total liability should they breach the terms of this information sharing agreement and legal proceedings may be served in relation to any breach.

10NOT PROTECTIVELY MARKED

6. DATA QUALITY

6.1 Information discovered to be inaccurate or inadequate for the purpose it was shared will be notified to the data owner who will be responsible for correcting it. The data owner will also be responsible for notifying all other recipients of the data that it is inaccurate or inadequate and must ensure that any correction that needs to be made is carried out.

6.2 Any disclosure of personal data must have regard to common and statute law (e.g. defamation), the common law duty of confidence, data protection principles as well as any relevant Codes of Practice and Human Rights.

7. SECURITY

7.1 Signatories to this agreement must designate an individual within their organisation to assume responsibility for data protection, security, confidentiality and compliance with legislation. The designated person will ensure that data protection registrations or notifications are in place to cover the holding and use of personal data.

7.2 It is expected that partners to this agreement will have in place baseline security measures to protect the confidentiality of the information that is shared. For example, information must be handled and stored securely in order to reduce the likelihood of compromise.

7.3 All signatories will ensure that they have appropriate security arrangements in place. Only nominated representatives can access or request information, and make disclosure decisions. Data should be stored securely to prevent unauthorised access and disclosure.

7.4 Any changes in nominated officers will be notified in writing as soon as practicable and in any event within 5 working days after such a change has occurred.

7.5 A nominated Cheshire Police employee may, by arrangement, undertake a physical review of the security in place to ensure the confidentiality, integrity, availability and non-repudiation of the Force information being stored under this agreement, upon the giving of reasonable notice of such physical inspection.

11NOT PROTECTIVELY MARKED

8. COMPLAINTS AND BREACHES

8.1 Each party should agree a procedure to be followed in the event of a complaint being received by any other party on the use or disclosure of personal data.

9. AMENDMENTS TO THE AGREEMENT

9.1 Any partner may make suggestions for amendments to this agreement at any time.

9.2 To enable partners to exchange views prior to changes being made it is suggested that such changes be discussed at an appropriate forum. No changes can be made unless each party to the agreement is agreed.

10. SUBJECT ACCESS

10.1 When an agency receives a subject access application and personal data is identified as belonging to another agency, it will be the responsibility of the receiving agency to contact the data owner to determine whether the latter wishes to claim an exemption under the provisions of the Data Protection Act.

10.2 Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless:

a) the other individual has consented to the disclosure of the information to the person making the request, or,

b) it is reasonable, in all circumstances, to comply with the request without the consent of the other individual.

10.3 In determining whether it is reasonable, regard should be had to:

any duty of confidentiality owed to the other individual; any steps taken by the data controller with a view to seeking the consent of the other

individual; whether the other individual is capable of giving consent; and any express refusal of consent by the other individual.

12NOT PROTECTIVELY MARKED

11. FREEDOM OF INFORMATION

11.1 Requests under the Freedom of Information Act 2000 that may involve access to policy documents and the decision-making process should be dealt with as above.

11.2 Agencies are reminded that these arrangements should be publicly available.

12. SIGNATURES

12.1 This agreement will be accepted on behalf of LSCB and recorded as signed as per the database of information held by school.

13NOT PROTECTIVELY MARKED