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Community Incident Action Groups (CIAGs) - Surrey County Council
CIAGs are multi-agency problem solving groups consisting of relevant agencies brought together to speedily address community safety issues which are caused by problem individuals, families and other community problems. CIAGs get together to discuss and agree action which will minimise the adverse impact of individuals and families on the wider community. CIAGs are an important part of effective partnership working. They do not replace good day to day working relationships between agencies. Examples of issues that CIAGs deal with include truancy, anti-social behaviour and persistent offenders with drug addictions.
For focused discussion and relevant action to be achieved, all appropriate agencies should be represented by staff who (a) know the details of the case and (b) are able to make informed decisions at the CIAG.
It is likely that CIAGs will include participation from the following organisations and departments:
Other invited voluntary agencies as appropriate (the attendance of the voluntary and non-statutory sector, along with agencies such as registered social landlords is often desirable, but the status of these members needs to be very carefully considered in relation to information sharing).
What are the vires for sharing?
The Crime & Disorder Act 1998 places a statutory responsibility upon the local authority, the police and the county council to conduct crime and disorder audits and consultations in their local boroughs, then, based on the findings, draw up three year community safety strategies with clear targets to reduce crime and disorder in the local areas.
Section 115 of the Act gives any person the power to disclose information to a relevant authority (namely the chief of police officer, police authority, local authority, probation committee or health authority), where the disclosure is necessary or expedient for the purposes of any provision of the Crime and Disorder Act.
What kind of data sharing is involved? (Bulk sharing, data matching, case by case)
Personal information is shared on a case by case basis only. Cases will be referred to the CIAG where:
CIAGs may also take referrals pertaining to locations where, for example, the activities of certain individuals/groups are having a negative effect on that community.
Were there any issues arising from the Human Rights Act 1998, particularly the engagement of Article 8?
Sharing information between the agencies represented on the CIAG does interfere with the Article 8 right to respect for privacy.
However, the Convention does allow public authorities to interfere with certain Convention Rights under broadly defined circumstances known as legitimate aims. The purpose of the information exchange must be lawful and consideration must be given to whether the information sharing is proportionate and is the least intrusive method of achieving a legitimate aim.
Was the common law duty of confidence an issue? If so, how was it handled?
All information shared with CIAG must be kept confidential. Confidential information may be shared without an individual's consent.
If permission is withheld, or cannot be given, designated officers should assess the case and decide whether information needs to be given to support action under the Crime & Disorder Act.
Information held in confidence can be disclosed without the individual's consent where it can be demonstrated that:
It needs to be shared by law;
It is needed to prevent, detect and prosecute serious crime;
There is a public interest;
There is a risk of death or serious harm;
There is public health interest;
It is in the interests of the person's health;
It is in the interest of the person concerned.
Which aspects of the DPA were considered, and why the sharing scheme was compliant
Personal information can be shared for the purpose for which it was originally collected.
Otherwise, any request for information that will be used to prevent or detect crime, or is processed using any of the other DPA exemptions, should specify as clearly as possible:
Practitioners should get advice from their legal representative or Data Protection Officer.
What systems have been put in place to maintain the security of the data?
The Home Office Guidance states that the best way of ensuring that disclosure (particularly of personal data) is properly handled, is to operate within carefully worked out information sharing protocols, or arrangements, between the agencies involved. Protocols should be negotiated between partners, and should receive the public support of them all.
A multi-agency Crime and Disorder Information Sharing Protocol has been formulated for Surrey to ensure the safe and sensible exchange of data within the various guidelines and legislation stipulated. The Data Protection Act and Human Rights Act have been given careful consideration.
ELSID : Electronically Sharing Client Data Pilot Scheme - West London Alliance
The ELSID (Electronically Sharing Client Data) system is intended to improve the quality of response and delivery of social services facilities in the local authorities which comprise the West London Alliance. This will bring clear benefits to the social well-being of relevant individuals dealt with by the authorities, and to the populations of the local authorities as a whole. The purpose for which the information will be shared is to advise of geographical mobility of Social Services clients to assist with prioritising of assessments, protection of staff and other borough citizens, and to ensure an effective transfer of responsibility as clients move between partner organisations. Additionally, ELSID will be able to handle the movement of Schedule 1 offenders and Violent Clients, and also allow an efficient mechanism for authorities to broadcast secure alerts when Looked After Children (LAC), or children on the Child Protection Register go missing.
The ELSID system is a secure extranet (An extranet is the extension of a company's intranet out onto the Internet, for example, to allow selected customers, suppliers and mobile workers to access the company's private data and applications via the World Wide Web. (Definition taken from www.foremost.co.uk) ) where local authorities can securely and quickly place information to be accessed by other local authorities and related organisations. Operation of the system will involve the sharing of adult and children's social services delivery and client index information between the partner authorities.
What are the vires for sharing?
For general ELSID transactions, there is power under Section 111 of the Local Government Act 1972 and/or Section 2 (1) of the Local Government Act 2000 which enable local authorities to promote social well-being.
In terms of issuing 'alerts' to other local authorities, the ELSID project can use the powers under the Children Act 1989 to inform other local authorities of the placement of LAC in their borough, and to raise alerts when children go missing.
What kind of data sharing is involved? (Bulk sharing, data matching, case by case)
The ELSID project will allow for transactions of personal data between local authorities on a case by case basis. The information will consist of basic client information, consisting of both Schedule 2 (Personal) and Schedule 3 (Sensitive Personal) data.
Were there any issues arising from the Human Rights Act 1998, particularly the engagement of Article 8?
There will be no "interference" with Article 8 where consent has been secured from the individual to transact their data. Where a transaction has had to occur without consent, there would have to be an overriding reason (e.g. public safety where an individual is a Schedule 1 offender or Potentially Violent Client). There are also statutory responsibilities that justify interference, such as to notify another authority that a LAC has moved to their area.
Was the common law duty of confidence an issue? If so, how was it handled?
Practitioners will be required to make a professional judgement before disclosing information using the ELSID system. In terms of health data, the Caldicott recommendations on the handling of personally identifiable data will apply. Most transactions will occur with the full knowledge and explicit consent of the customer. Standard consent forms must be returned to the ELSID project team within a week of the request for information. Practitioners will not disclose personal information without the consent of the person concerned, unless there are statutory grounds or other demonstrable overriding justifications for so doing.
Which aspects of the DPA were considered, and why the sharing scheme was compliant
The information shared will be obtained fairly and processed lawfully. It must be accurate, up to date and relevant for the purpose of sharing. The central high-level purpose for information sharing is for the management, planning and delivery of services - be they provided centrally by the local authority, or in conjunction with one, or many local agencies within or outside of the borough.
To ensure information is fairly obtained and processed, individuals must be given the following details at the time of obtaining their information, or at the time of seeking consent to share that information:
ELSID will actively seek consent for the majority of transactions of personal information. Where consent has not been given, other Schedule 2 and 3 conditions, such as processing being necessary to protect the vital interests of the data subject, would have to be relied upon.
What systems have been put in place to maintain the security of the data?
The secure extranet is designed to prevent unauthorised access so each authority only has access to the information which is relevant to their borough. Access to electronic systems will be defined by staff role and the need to know specific elements of personal information. Menus will be defined for various staff roles and access provided accordingly
When personal information is shared with another organisation, a log of the sharing event will be maintained in the person's paper or electronic record. Accurate records will be kept of what information has been disclosed to whom, the source of the data disclosed, the date on which it was disclosed, the reason for the request and the time limits on the consent. Where the information is shared within an electronic system, an automated log of who gained access at what time will be recorded as an auditable history.
There are a number of information sharing protocols in place at both the structural and operational level, which set out joint responsibilities and standards for the sharing of personal data between the relevant authorities.
For more information about this system, please contact Tim Rodgers, ELSID/JET Project Manager, 020 8753 5027.
The Connexions Service
The Connexions service brings together a wide range of existing agencies that deliver services to 13-19 year olds. Health services, police and probation, youth services, social services, youth offending teams, drug action teams, voluntary and community organisations, careers companies and many more play a part in Connexions service locally. Collectively, through the 47 Partnerships Boards, which also include representation from other key players including Local Education Authorities, schools, colleges, the Learning & Skills Council and Jobcentre Plus, Connexions is beginning to deliver seamless support to 13-19 year olds across relevant agencies.
What are the vires for sharing?
The Connexions Partnerships imply their powers to collect, hold, use and disclose personal data from the Learning & Skills Act 2000 which provides for services that "encourage, enable or assist (directly or indirectly) effective participation by young persons in education or training" (section 114(1)).
The key provisions of the Act are:
Local Authorities; Chief Police Officers; Health Authorities; Probation Committees; YOTs (Youth Offending Team); PCTs (Primary Care Trust); LSCE.
What kind of data sharing is involved? (Bulk sharing, data matching, case by case)
It is expected that Connexions services need to collect and hold a variety of data.
Personal data: It is important that Partnerships have access to a comprehensive register of young people which holds basic contact data such as name, address and the educational institution of each young person. Access to this information is limited to those who need it to undertake their role within Connexions.
Aggregated & De-personalised data: De-personalised information from the top-level database will be provided to partner organisations, central government and others, where appropriate. To safeguard data subjects and manage the risk to Connexions Partnerships, aggregated data which comprise less than six individual records should not be disclosed. Aggregated and de-personalised data can be shared without customer consent for bone fide purposes, such as Management Information.
Sensitive and confidential data: Personal data such as school attendance records are often needed to provide comprehensive support to customers, or needed to make referrals to specialist services. This data is disclosed, where necessary, on a case by case basis and with a customer's full knowledge. Connexions Partnerships seek consent to disclose this data unless it is necessary to fulfil a statutory or common law duty.
Were there any issues arising from the Human Rights Act 1998, particularly the engagement of Article 8?
It is DfES' view that Connexions Partnerships who comply with the principles of the DPA and give due respect to a young person's privacy in respect of verbal discussions will be complying with the relevant provisions of the European Convention.
Was the common law duty of confidence an issue? If so, how was it handled?
Personal advisers are encouraged to make clear to a young person their commitment to confidentiality and the instances in which confidentiality cannot always be guaranteed.
Which aspects of the DPA were considered, and why the sharing scheme was compliant
Customers must be made aware of the information that is being collected and recorded about them, the reasons for doing so, and with whom it may be shared and why.
Schools notify parents and pupils, following a fair processing notice, that their contact data will be supplied to the Connexions service (Any further data collected by schools can only be shared with the Connexions service if the parents, or pupils over 16, have been given the opportunity to opt out - Section 117(2) of the Learning & Skills Act 2000).
What systems have been put in place to maintain the security of the data?
Partnerships are required to operate 'role-based security', where only those who need information to do their jobs have access to that information.
Each partner organisation must have a level of security in place commensurate with the sensitivity and classification of the information to be shared - secure filing cabinets, password protected computer files.
All requests for data and disclosures made must be recorded.
Any other issues
Connexions Partnerships are encouraged to adopt the good practice of seeking explicit, written consent to record and share personal data, even in circumstances where the DPA does not demand it. Consent is obtained at the earliest opportunity and is regularly reviewed.
Bolton Information Sharing and Assessment (ISA) Pilot Project
ISA is a method for facilitating the sharing of information about children and young people. This is primarily being taken forward in relation to social, schools, education and health services and in time will be developed between these agencies and the police youth services, youth offending teams, drug action teams and voluntary and community organisations. The "service" which ISA delivers is chiefly concerned with two areas. The first is the sharing of information about risks and concerns in relation to children and young people, to assist in the early identification of children and young people who may be vulnerable, so that they may be offered services to meet their needs prior to a crisis occurring. The second is ensuring that children do not fall through the gaps between services, particularly at points of transition, thereby missing out on the help which they require; this will be addressed by ensuring that professionals are able to share information more effectively and efficiently.
What are the vires for sharing?
Please see legal guidance from the CYPU. 
What kind of data sharing is involved? (Bulk sharing, data matching, case by case)
It is expected that the following data will be processed:
Personal data: It is important that practitioners have access to a comprehensive register of children and young people which holds basic contact data such as name, address, date of birth, gender, general practitioner's details and the school attended by the child/young person (where relevant). Access to this information is limited to those who need it to undertake their role within the various partner agencies.
Aggregated & De-personalised data: De-personalised information from the top-level database will be provided to partner organisations, central government and others, where appropriate. Aggregated and de-personalised data can be shared without consent
Sensitive and confidential data:
This will be shared by practitioners in accordance with their current duties under the Children Act 1989 or as a result of consent.
The types of data will vary according to the function being carried out, but will include bulk transfer at the outset (in order to build an index of all children in the Borough). This will then lead to data matching between agencies - for the purpose of cross matching and ensuring that information is applied to the right records, but also to support data cleansing and improvement between partners in line with the DPA. Once the index and matching exercises have been carried out, transfer will then mostly be on a case by case basis.
Were there any issues arising from the Human Rights Act 1998, particularly the engagement of Article 8?
So long as the Data Protection Act 1998 is being complied with then this should not be problematic. One issue which has been raised is the proportionality of the creation of the database holding the name, address, gender, date of birth, general practitioner's details and school (where appropriate). It is the Council's view that it is balancing the risk of a child "slipping" through the net as with Victoria Climbie against the interference with the rights of the children/young people who are included on the database.
In the Council's opinion the risk of death/damage to a child/young person far outweighs the limited interference with the majority's rights.
In any event this is information which is held by the Council and its partner agencies in some form or another and all the Council is doing is to bring it into one place; cleanse it to ensure accuracy; and allow agencies, who have provided that information, access to the cleansed records.
Was the common law duty of confidence an issue? If so, how was it handled?
The common law duty of confidentiality is an issue. The draft information sharing protocol recognises that confidentiality may be an issue but that the public interest may outweigh it. It will be considered by practitioners on a case by case basis.
Please identify which aspects of the DPA were considered, and why the sharing scheme was compliant
The principles for processing data were considered, followed by Schedules 2 and 3 as it was clear that personal and sensitive personal data would be processed. Generally where consent is not present then there will be a statutory duty or it will be in the public interest to permit the processing of data.
What systems have been put in place to maintain the security of the data?
The approach taken by Bolton is to ensure that as much data as possible remains in the various back-office systems of partners - e.g. YOT, Social Services, Connexions etc - where procedures exist to protect that information.
At no point does any agency have access to the systems of another agency - they use the hub as a location for viewing information from other systems. Case-specific information can be pulled into the hub when it is needed by another authorised professional - it can be examined by that person, but is not held on the hub once they finish with it.
The detail which can be seen by any individual is governed by an allocated access level - they are able to ask a specific set of questions through the hub, which correspond to the requirements of their function and agency. Access levels are set centrally, according to an agreed process. Each user will be allocated a unique user name and password. At logon, the system will match this information to their allocated level of access, thus governing their permissions and the information they are able to view.
The technical architecture is based upon Oracle products and contains all the relevant security required to protect sensitive information; there are also extensive network security measures in place. This is necessary not only for the purposes of the ISA project but also to protect many other types of council information which uses the same overall network infrastructure.