Child Benefit Data Sharing with Bradford & Sheffield

Fiona Nicholson made this Freedom of Information request to HM Revenue and Customs

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear HM Revenue and Customs,

Bradford council says
"5.4 We do not have a data sharing agreed with DWP but it has now been agreed with HMRC that we can be involved in their second phases, which began in Sheffield. This means they will share details of families who are in recived [receipt?] of child benefit, allowing us to cross reference that data with the information we hold on CYP in the district. The pilot will run from Jan – June 2017 and is likely our intelligence will increase during that pilot."

https://bradford.moderngov.co.uk/documen...
page 58

Please could you clarify what legal basis HMRC has to share the information

Yours faithfully,

Fiona Nicholson

Fiona Nicholson left an annotation ()

I asked Sheffield as well. The response just received says "We do not receive details of all children receiving child benefit, we only receive address details on those that we send to HMRC for cross checking"

Fiona Nicholson left an annotation ()

Fiona Nicholson left an annotation ()

As per my earlier annotation, on October 18th Sheffield replied "We do not receive details of all children receiving child benefit, we only receive address details on those that we send to HMRC for cross checking"

I sent a follow up request the next day:

"I note that you say 'We do not receive details of all children receiving child benefit, we only receive address details on those that we send to HMRC for cross checking'

Please could you tell me whether you ask for addresses in relation to children who are known or believed not to have a school place, for example where you might not have up to date contact details."

On November 8th Sheffield replied:

"When families leave Sheffield from a Sheffield school and we don’t have a destination we send parents details to HMRC to try and establish their new address."

Dear HM Revenue and Customs,

Please could you look at this since the response is now late.

Yours faithfully,

Fiona Nicholson

Fiona Nicholson left an annotation ()

Linked request made to Bradford council has now been answered
https://www.whatdotheyknow.com/request/c...

HM Revenue and Customs

 

Dear Fiona Nicholson

 

Freedom of Information Act 2000 (FOIA)

 

Thank you for your request, which was received on 14 October 2016, for the
following information:

 

"Bradford council says

"5.4 We do not have a data sharing agreed with DWP but it has now been
agreed with HMRC that we can be involved in their second phases, which
began in Sheffield. This means they will share details of families who are
in recived [receipt?] of child benefit, allowing us to cross reference
that data with the information we hold on CYP in the district. The pilot
will run from Jan – June 2017 and is likely our intelligence will increase
during that pilot."

 

[1]https://bradford.moderngov.co.uk/documen...

page 58

 

Please could you clarify what legal basis HMRC has to share the
information"

 

All the data that HMRC holds is subject to a statutory duty of
confidentiality, which prohibits its disclosure except where the law
provides otherwise.  Typically for sharing with other parts of Government
a specific legal provision is in place to authorise the disclosure
(subject to various safeguards).  In this particular instance the relevant
legal provision is [2]Paragraph 10A of Schedule 5 Tax Credits Act 2002. 
This allows HMRC to share information it holds (for the purposes of its
functions relating to tax credits, child benefit or guardian’s allowance)
with a local authority in England and Wales for use for the purpose of any
enquiry or investigation under Part 5 of the Children Act 1989 relating to
the welfare of a child.

I hope this reply satisfactorily addresses your query.  If not, you may
request a review by writing to HMRC FOI Team, Room 1C/23, 100 Parliament
Street London SW1A 2BQ or email [3][email address]. You must
request a review within 2 months of the date of this letter. It would
assist our review if you set out which aspects of the reply concern you
and why you are dissatisfied.

 

If you are not content with the outcome of an internal review, you may
apply directly to the Information Commissioner (ICO) for a decision. The
ICO will not usually consider a case unless you have exhausted the
internal review procedure provided by HMRC. He can be contacted at The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF or by their website at [4]www.ico.org.uk.

 

Yours sincerely

 

 

HMRC's FOI team

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References

Visible links
1. https://bradford.moderngov.co.uk/documen...
2. http://www.legislation.gov.uk/ukpga/2002...
3. mailto:[email address]
4. http://www.ico.org.uk/

Dear HM Revenue and Customs,

Many thanks.

You have referred to an investigation concerning a child's "welfare" covered by part 5 of the Children Act 1989.
It is my understanding that Part 5 deals with situations where "the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm". http://www.legislation.gov.uk/ukpga/1989... http://www.legislation.gov.uk/ukpga/1989...

Is there any burden of proof on the body which is asking for HMRC data? (I'm sorry, this might be a new FOI)

Yours faithfully,

Fiona Nicholson

HM Revenue and Customs

Dear Fiona Nicholson
Thank you for your email enquiring about the status of your FOI request.
The HMRC response to your request was posted on time, on 7th November. Unfortunately, on this occasion, the email reference number on the web posting was incorrect. Your response is now attached below, dated 7th November.
I sincerely apologise for any confusion and the delay caused.

Regards
HMRC's FOI team

show quoted sections

Dear HM Revenue and Customs,

I have decided that my follow-up questions probably should be a separate request so I have put something in here https://www.whatdotheyknow.com/request/d...

Yours faithfully,

Fiona Nicholson

Fiona Nicholson left an annotation ()

Fiona Nicholson left an annotation ()