Your data: statutory throughcare, home leave and home background reports

How we use your information

When made subject to a custodial sentence with statutory supervision on your release from prison, Aberdeen City Council will accept throughcare services responsibility which will begin at the start of your sentence and be implemented through the Scottish Prison Service's Integrated Case Management (ICM) process.

Aberdeen City Council will participate in your ICM case conference meetings where we will share relevant information with the Scottish Prison Service, the Parole Board and others who attend these meetings, including you. We will open a case file for you, where we will keep information about you which includes records of our contacts with you, ICM minutes, and parole dossier. This may also include home leave and home background reports which are requested by the Scottish Prison Service and Parole Board. This information is kept by us on our case management system and in an electronic case file.

We will continue to use the same system following your release to record your progress on License or Supervised Release Order. This will include records of contact, work undertaken, reports, case management plans, reviews and other relevant information.

We receive information from partners which is added to our records. In some cases, information will be added to our records using automated processing, to speed up the time it takes to deal with simple processes. Decisions about you are not made using automated decision-making. 

Sometimes, during the process of supporting you, you and your social worker may decide that it would be beneficial to refer or support you to access other Council services (for example, housing) or outside organisations for further help or support. To do this on your behalf will normally mean the social worker sharing some information about you with that service or organisation. If this is the case, this will always be discussed between you and your social worker, on a need to know basis, and be done with your agreement.

Your case file will be treated confidentially but you should be aware that there are some limited circumstances when we may be required to share information about you with others, particularly to prevent risk of harm to you or to others.

We may also be required to provide information from case files to Scottish Ministers as part of the Protection of Vulnerable Groups Scheme. This is something we are required to do under Section 19 of the Protection of Vulnerable Groups (Scotland) Act 2007.

How long we keep your information for

Once your statutory supervision is completed, we will close your case file, unless you have any other interactions with the Council’s Criminal Justice Social Work Service. We keep closed case files for the current year, plus five years, from the point at which your case is closed.

Some closed statutory throughcare case files will be retained for a period of time as defined by Government legislation, dependent on the nature of convictions. Your social worker can provide more information.

Your rights

You have rights to your data, including the right to ask for a copy of it. See more information about all of the rights you have. You also have the right to make a complaint to the Information Commissioner’s Office. They are the body responsible for making sure organisations like the Council handle your data lawfully.

Our legal basis

Aberdeen City Council is the Data Controller for your data. Wherever the Council processes personal data, we need to make sure we have a legal basis for doing so in data protection law. The Council understands our legal bases for processing personal data in relation to providing statutory throughcare as Article 6(1)(c) and Article 6(1)(e) of the General Data Protection Regulation. This is because the provision of statutory throughcare is a part of our public task, as set out in the Social Work (Scotland) Act 1968, as amended by the Criminal Justice (Scotland) Act 2003, and because statutory throughcare is something we are required to do under various pieces of legislation: The Prisons (Scotland) Act 1989, Criminal Proceedings (Scotland) Act 1993, Mental Health (Scotland) Act 1984. In carrying out this function, the council is also likely to process special categories of personal data. The Council understands our legal basis for doing so as Article 9(2)(h) of the General Data Protection Regulation, because processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services.  Where the Council processes personal data relating to criminal convictions and offences, the Council understands our legal basis for doing so as Article 10 of the General Data Protection Regulation.

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