Social Work: S47 & S17 GDPR 2018 & Data Protection Act 1998

The request was refused by Social Work England.

Dear Social Work England,

Full Disclosure

1. Under GDPR 2018 and Data Protection Act 1998, can a social worker obtain parents/guardians/foster carers personal details under a Section 47 (enquiry/investigation) or Section 17 child in need?
A. If yes, can you share in policies and procedures, the law and does this require informed consent?

2. Under GDPR 2018 and DPA 1998, can a social worker obtain information from your employer or call your workplace?
A. If yes, share in your policies and procedures and the law?

3. Under GDPR 2018 and DPA 1998, is a social worker permitted to access foster Carer/parents/guardians personal information as part of proceedings?
A. If yes what information are they allowed to obtain With and without knowledge?

4. Can a social worker be in two roles at the same time, for example be a independent reviewer and a social worker/Guardian and a social worker?
A. If yes can you share in your policies and procedures and the law?

5. Can a social worker place a child (S47) with a family member/friend/colleague under regulation 24?
A. If yes , can you share policies and procedures and the law?
B. If there is more than on child in the household and an assessment was conducted on one (eldest not the younger ones) not all children, can the child still live with the friend/family/colleague; does regulation 24 still cover this or does there need to be a separate assessment?
C. Does regulation allow the friend/family/colleague to become a foster Carer?

I look forward to hearing from you

Yours faithfully,

Angela

Enquiries team, Social Work England

5 Attachments

Dear Angela

Thank you for your Freedom of Information Request.

Please find attached our response.

Kind regards

Paddy Slater-Holroyd

Registration and Advice Officer

1 North Bank, Blonk Street, Sheffield, S3 8JY

Tel: 0808 196 2274

Email: [1][Social Work England request email]

 

[2][IMG] [3][IMG] [4][IMG]

 

[5]EmaIl-Signature_FINAL

 

 

 

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Dear Social Work England,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Social Work England's handling of my FOI request 'Social Work: S47 & S17 GDPR 2018 & Data Protection Act 1998', my request does not seek legal advice, either yes or no.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

A. Marfo

Enquiries team, Social Work England

1 Attachment

Thank you for emailing Social Work England, we will respond to your
enquiry as soon as we can.

 

Social Work England is a specialist body taking a new approach to
regulating social workers in their vital roles. We believe in the power
of collaboration and share a common goal with those we regulate—to protect
the public, enable positive change and ultimately improve people’s lives.

 

To view our privacy policy and find helpful information about how we
regulate social workers you can visit our website
[1]www.socialworkengland.org.uk

 

If you are enquiring about an application you submitted, we are currently
dealing with an increased volume of registration applications as we manage
the transfer of regulation from the HCPC. We apologise if you have not yet
heard from us regarding your application.

 

Please be assured that we are dealing with applications as quickly as
possible, and we will be in contact with you about your application
shortly.

 

Please do not reply to this email as it is automatically generated.

 

 

[2]cid:image001.png@01D5A499.6670D5C0

The contents of this email and any attachments may contain information
which is confidential or otherwise protected by law. It is for the
intended recipient(s) only. If you have received it in error, please
inform us by replying to the sender and deleting the email and all copies
immediately and permanently. Do not use, copy or disclose the information
contained in this message or in any attachment.
Neither Social Work England nor the sender accepts any responsibility for
viruses and it is your responsibility to scan or otherwise check this
e-mail and any attachments. Any views expressed in this message are those
of the individual sender, except where the sender specifically states them
to be the views of Social Work England. Information on how Social Work
England processes personal data is available [3]here.

References

Visible links
1. http://www.socialworkengland.org.uk/
3. https://socialworkengland.org.uk/privacy...

Enquiries team, Social Work England

Dear Angela,

Your request has been passed to the data protection and information team.

We will contact you again with their response.

Kind Regards,

Bright
Registration and Advice Officer
1 North Bank, Blonk Street, Sheffield, S3 8JY
Tel: 0808 1962 274
Pronouns I use: they/them

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Dear Enquiries team,

My request is overdue and by law I require a simple response.

I look forward to hearing from you.

Yours sincerely,

A. Marfo

Enquiries team, Social Work England

1 Attachment

Thank you for emailing Social Work England, we will respond to your
enquiry as soon as we can.

 

Social Work England is a specialist body taking a new approach to
regulating social workers in their vital roles. We believe in the power
of collaboration and share a common goal with those we regulate—to protect
the public, enable positive change and ultimately improve people’s lives.

 

To view our privacy policy and find helpful information about how we
regulate social workers you can visit our website
[1]www.socialworkengland.org.uk

 

If you are enquiring about an application you submitted, we are currently
dealing with an increased volume of registration applications as we manage
the transfer of regulation from the HCPC. We apologise if you have not yet
heard from us regarding your application.

 

Please be assured that we are dealing with applications as quickly as
possible, and we will be in contact with you about your application
shortly.

 

Please do not reply to this email as it is automatically generated.

 

 

[2]cid:image001.png@01D5A499.6670D5C0

The contents of this email and any attachments may contain information
which is confidential or otherwise protected by law. It is for the
intended recipient(s) only. If you have received it in error, please
inform us by replying to the sender and deleting the email and all copies
immediately and permanently. Do not use, copy or disclose the information
contained in this message or in any attachment.
Neither Social Work England nor the sender accepts any responsibility for
viruses and it is your responsibility to scan or otherwise check this
e-mail and any attachments. Any views expressed in this message are those
of the individual sender, except where the sender specifically states them
to be the views of Social Work England. Information on how Social Work
England processes personal data is available [3]here.

References

Visible links
1. http://www.socialworkengland.org.uk/
3. https://socialworkengland.org.uk/privacy...

Enquiries team, Social Work England

4 Attachments

Good morning,

 

Thank you for your enquiry.

 

Your original request - reference IR-038 - was responded to on 25 February
2020. You requested an internal review on 27 February 2020, which is
currently with the Data Protection and Information Team.

 

This review has been given reference number IR-054. We aim to provide a
full response to internal reviews within 20 working days, in accordance
with the section 45 code of practice. 

 

We therefore aim to provide a full response to your internal review by 26
March 2020.

 

Kind regards,

 

Registration and Advice Team

1 North Bank, Blonk Street, Sheffield, S3 8JY

 

Telephone: 0808 196 2274           Email:
[Social Work England request email]

 

 

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Enquiries team, Social Work England

5 Attachments

Dear A Marfo

 

Please find attached our response to your request for an internal review
of your information request.

 

Kind regards,

 

Kristina

 

Registration and Advice Team

1 North Bank, Blonk Street, Sheffield, S3 8JY

Tel: 0808 1962 274

 

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[4]EmaIl-Signature_FINAL

 

 

 

 

 

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Dear Enquiries team,

Thank you for your email.

By law provide the surnames of Bright and Kristina from the enquiries team.

" Social Work England is not itself a local authority, you do not regulate local authorities"
Can you explain what you mean?

Yours sincerely,

A. Marfo

Enquiries team, Social Work England

1 Attachment

Thank you for emailing Social Work England, we will respond to your
enquiry as soon as we can.

 

Social Work England is a specialist body taking a new approach to
regulating social workers in their vital roles. We believe in the power
of collaboration and share a common goal with those we regulate—to protect
the public, enable positive change and ultimately improve people’s lives.

 

To view our privacy policy and find helpful information about how we
regulate social workers you can visit our website
[1]www.socialworkengland.org.uk

 

If you are enquiring about an application you submitted, we are currently
dealing with an increased volume of registration applications as we manage
the transfer of regulation from the HCPC. We apologise if you have not yet
heard from us regarding your application.

 

Please be assured that we are dealing with applications as quickly as
possible, and we will be in contact with you about your application
shortly.

 

Please do not reply to this email as it is automatically generated.

 

 

[2]cid:image001.png@01D5A499.6670D5C0

The contents of this email and any attachments may contain information
which is confidential or otherwise protected by law. It is for the
intended recipient(s) only. If you have received it in error, please
inform us by replying to the sender and deleting the email and all copies
immediately and permanently. Do not use, copy or disclose the information
contained in this message or in any attachment.
Neither Social Work England nor the sender accepts any responsibility for
viruses and it is your responsibility to scan or otherwise check this
e-mail and any attachments. Any views expressed in this message are those
of the individual sender, except where the sender specifically states them
to be the views of Social Work England. Information on how Social Work
England processes personal data is available [3]here.

References

Visible links
1. http://www.socialworkengland.org.uk/
3. https://socialworkengland.org.uk/privacy...

Information Requests, Social Work England

4 Attachments

Dear A Marfo,

 

Thank you for your email.

 

Just to explain what we meant by “Social Work England is not itself a
local authority, and we do not regulate local authorities.” In the
internal review I explained the areas where I thought the legislation you
were enquiring about related to local authorities, and not to Social Work
England as the regulator of social workers. This included the Children Act
1989 and The Care Planning, Placement and Case Review (England)
Regulations 2010. Local authorities will be involved in implementing this
legislation, and as such are more likely to have obtained the legal
interpretations you are looking for, than Social Work England. A local
authority may be well placed to answer some of your questions; you may
wish to contact them to ask them about it. You may be able to find your
local authority’s contact details through this website:
[1]https://www.local.gov.uk/our-support/gui...

 

In relation to your request for surnames of our non-senior members of
staff, this is a request for personal data and as such we would not
provide this information. You can read more about requests for personal
data from public authorities here, in the guidance from the Information
Commissioner’s Office:

[2]https://ico.org.uk/media/for-organisatio...

 

I would draw your attention to the following excerpt from page 11:

“Seniority

It is reasonable to expect that you disclose more information about senior
public authority employees than more junior ones. Senior employees should
expect their posts to carry a greater level of accountability, since they
are likely to be responsible for major policy decisions and the
expenditure of public funds. For example, a junior employee who is not
accountable for their submissions to a senior government minister has no
expectation that their name will be disclosed in response to an FOI
request.”

 

As such, in some circumstances we may release certain personal data
pertaining to more senior members of staff, in response to an FOI request.
However, we would not normally release data pertaining to non-senior staff
members where requested.

 

I realise that this may not be the answer you were hoping for, but I hope
this information is helpful in explaining our response.

 

 

Kindest regards,

 

Greg Lawton

 

Head of Data Protection and Information Governance

Data Protection Officer

1 North Bank, Blonk Street, Sheffield, S3 8JY

 

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Dear Information Requests,

Sorry your response is not clear, it is about social workers working in the local authority.
As per law you are suppose to respond with a first and last name, if I responded to you with my first name my foi would be invalid.

I look forward to my foi being full responded too.

Yours sincerely,

A. Marfo

Enquiries team, Social Work England

1 Attachment

Hi A. Marfo,

Thank you for your information request.

Please find attached our response to your request.

Kind regards,
Julian

Julian
Registration and Advice Team
1 North Bank, Blonk Street, Sheffield, S3 8JY
Telephone Number: 0808 196 2274

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