Children (Scotland) Act 2020 – Child Welfare Reporters (CWRs) providing evidence of Data Protection breaches to Family Courts

Response to this request is delayed. By law, Scottish Government should normally have responded promptly and by (details)

Dear Scottish Government,

As a FOISA 2002 request what is the recorded process whereby a Child Welfare Reporter (CWR) [as defined by the Children (Scotland) Act 2020] reports to a Family Court breaches of Data Protection legislation (e.g. the Data Protection Act 2018) that have been identified by the Information Commissioner's Office (ICO) that pertain to the Data Protection activities of the Local Authority Council Children’s Services social work department?

Yours faithfully,

SJA Grove

Scottish Government

Our Reference: 202000125168

Dear SJA Grove ,

Thank you for your correspondence sent on 14/12/2020. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202000125168. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
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Please find attached a response to your correspondence.
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Dear Scottish Government,

The Scottish Government is thanked for providing the Section 17(1) exemption response that the information requested is not recorded on Scottish Government systems.

Under the Children (Scotland) Act 2020 the register of Child Welfare Reporters (CWRs) will be held by Scottish Ministers (or an organisation that Scottish Ministers contract to perform this function) and therefore then it would be hoped that the guidelines and responsibilities of the CWRs would be strictly defined by Scottish Ministers and this would include Data Protection breaches which allow false information on a parent to be recorded on that parent [e.g. on Police Scotland systems such as the interim Vulnerable Persons Database (iVPD), on Local Authority Children’s Services Social Work systems] to be brought before the court as evidence of a “course of conduct" as part of an eleventh revision of the Classification of Diseases and Related Health Problems (ICD-11) Code QE.52 issue.

As the Scottish Government knows through it's interactions with Police Scotland's ACC Gillian MacDonald, the former Information Asset Owner (IAO) for the iVPD, information that is Special Category Personal Data is being shared at Multi-Agency Risk Assessment Conferences (MARACs) and the legality of this data sharing is highly questionable. Given that at least one Local Authority has breached the Data Protection Act 2018 on two occasions by failing to provide personal information in Subject Access Requests according to statutory timelines then this indicates that there is a cover up in terms of the Data Protection matters. If such Data Protection breaches (assuming such breaches are occurring) are not brought before the Family Court this will be unsurprising as information already in the public domain shows that Police Scotland seemingly do not reveal this data sharing (and therefore the exculpatory evidence) to the Crown Office & Procurator Fiscal Service (COPFS) ahead of very serious criminal prosecutions and this matter has been brought to the attention of the Criminal Allegations Against the Police Division (CAAPD) of COPFS by at least one former accused person in a criminal case.

Yours faithfully,

SJA Grove

Scottish Government

Our Reference: 202100139070
Your Reference: request-712863-b0e51857

Dear SJA Grove,

Thank you for your correspondence sent on 14/01/2021. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202100139070. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
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