In view of the potential sensitivity of the information and the lessons of the Bichard Inquiry (date), care must be taken in recording the allegation and the outcome of the process. A record of referral; outcome decision; any associated strategy discussions/meetings must be made and retained by the local authority in accordance with their record, retention and disposal policy.
This process will invariably result in the processing of “special category” data for the purposes of the Data Protection Act 2018 and UK GDPR, and all persons must adhere to their organisation’s data protection policies when following these Procedures. All data must be stored securely.
Attendees of the discussion/meeting representing the employer should receive a copy of the record of the meeting. All other attendees will receive a copy of the summary and recommendations.
Employers/Organisations making Section 5 reports must ensure they have appropriate policies in place to support appropriate recording and storing of reports/referrals.
The Chair (LADO/DOS) will consider any request for a full record of the meeting and ensure that in the event of disclosure, an appropriately redacted version of the record is disclosed.
Where an individual makes a data subject access request for Section 5 records pertaining to them, this will be considered on an individual basis in line with freedom of information requirements, subject access request and safeguarding information sharing restrictions. The nominated LADO/DOS will ensure redaction of any documents prior to disclosure. The record of the section 5 strategy meeting(s) must not be disclosed without discussion with LADO/DOS.