Case Studies

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Reusing Data to Find Cases of Rural Child Poverty in Scotland

Thank you for your interest in the SAVVI case study of how the Rural Child Poverty project engaged with the SAVVI method to design how they will support vulnerable people.

Executive Summary

SAVVI, a Scalable Approach to Vulnerability via Interoperability, is a data project that aims to support early identification of vulnerable people and households, and to make smarter interventions and referrals. To do this, SAVVI proposes data standards for vulnerability for both technical interoperability and legal interoperability. SAVVI pulls together practical guidance, frameworks, standards, templates and resources in an to support every stage of implementing SAVVI standards.
The Rural Child Poverty project is an initiative by three Scottish local authorities to develop a data driven approach that builds a picture of who is vulnerable, and which families may need support. The case study is therefore a deep-dive look at the activities undertaken by the project to establish the legal interoperability of reusing data to find cases of rural child poverty in Scotland.
In particular, this approach:
identifies the risk factors that are most useful in assessing the risk of child poverty
proposes the sources of data from which these data items can be derived
agrees upon identified legislation that enables lawful reuse of those data items.
This case study shows how vital it is to establish a clear purpose for tackling the vulnerability, which provided structure for the information governance work in establishing legal interoperability, particularly when considering purpose compatibility and the need to find a lawful basis for the re-use of data.
Having a methodology to establish lawful, ethical and transparent data-use as part of the design process was foundational to facilitating agreement across project partners, validating the need for the SAVVI Playbook, and other practical IG tools that SAVVI has prototyped to support councils working on a vulnerability project. The participating Scottish councils now have a tested method for building data re-use propositions. This allows them to apply this method to other vulnerability projects.
The purpose of this document is to share the local authorities’ experience to enable other Local Authorities in Scotland to repeat this process and inspire other councils across the UK to adopt a similar SAVVI-style approach to finding and supporting families that are vulnerable to child poverty.
This case study will be of particular interest to:
project teams who want to find and support people in need;
data and digital teams who want to handle and share data to a reusable standard;
Information Governance teams who want to ensure that data is being shared legally, ethically, and transparently;
performance and business improvement teams who want to evidence that a project is effective in reducing hardship.

Introduction

This is a case study of how three Scottish Local Authorities, Angus Council, Argyll & Bute Council and Inverclyde Council, engaged with the SAVVI method during 2023 and 2024, to design how they will find and support vulnerable families in which children are at risk of poverty.
The project was run by the Remote, Rural and Island Child Poverty Peer Support Network for Local Authorities that the convenes, and supported by the SAVVI Engagement Team.
The initiative was run as a feasibility project to test whether the SAVVI approach could be used to overcome the barriers to reusing personal data to find families, at risk of child poverty, previously unknown to the local authorities.
The purpose of this document is to share the local authorities’ experience and feedback what we learned. This is to enable other Local Authorities in Scotland to repeat this process and inspire other councils across the UK to adopt a similar SAVVI-style approach to finding and supporting families that are vulnerable to child poverty.

Why Child Poverty?

A combination of two drivers had increased the risk of child poverty in parts of Scotland. The cost of living crisis with increased household costs for all families, combined with the higher cost of living in a remote, rural or island location (e.g. through increased transport, delivery and food/retail costs) had meant rural and island child poverty had become a higher risk than in previous years.
One known cause of rural and island child poverty is low household income, which can be exacerbated by families being unaware of welfare benefits, or other entitlements such as a public transport passes, or, being unable to successfully claim these benefits without additional support. The three councils involved in the project, as well as many others in Scotland, had an intent to address the risk of child poverty in their rural and island localities through income maximisation advice and support.

Why Rural?

Whereas child poverty in urban areas can be focused in deprived geographies, that is not the case for rural, remote, and island localities. The Peer Support Network had found many instances where families in need were in rural localities which were not statistically identified as deprived. The Councils had found it difficult to identify and communicate with high-risk families in these locations because they were often surrounded by wealthier populations.
In some cases, councils had developed good processes for assessing needs and were finding some families through engagement via schools and other naturally occurring touch-points but this still did not help them to find those families that were in greatest need for support.
For rural localities, personal data is required to find families with Risk Factors that indicate Child Poverty.
For councils with urban areas, geographic campaigns had helped to raise awareness leading to increased welfare benefit claims in deprived localities, but this approach was ruled out as ineffective, disproportionate, and intrusive for rural communities.

What was the Problem?

In many cases, councils had sufficient aggregated data and intelligence about the local population to predict the number of families in rural and island locations who were likely to benefit from advice and support, but were unable to identify the individual families because of they had not established a lawful and ethical basis for the reuse of personal data.
The councils had evidence of what existing personal data could be indicators of Child Poverty, such as
Council Tax Arrears
Welfare Benefits
Debt
Household Composition
This type of personal data, which was collected for a primary purpose, will need a lawful basis to allow it to be reused for a new purpose, in this case, finding families who may be at risk of Child Poverty.
Each council started with a different opinion on what personal data could be reused. They invited SAVVI to help them to work through the and IG Framework, to help them to agree some core definitions, and to articulate a shared understanding of how reusing personal data addresses the problem.
The process was about getting agreement to these definitions across the participating councils so that they then had a common base to consider the legal, ethical, and transparent reuse of data
At SAVVI, we often find that councils wanting to reuse existing data in this way have a lack of clarity as to what is legally allowed and what isn’t. Councils have had to commission their own legal advice, which is costly and inefficient, which can lead to hundreds of Local Authorities making a slightly different request of many Departments or local public sector agencies, and potentially getting different answers.

What Kind of Support Could be Offered?

Common measures of income maximisation in Scotland include:
Crisis Grants, administered by Local Authorities as part of the Scottish Welfare Fund
Council Tax Reduction, also administered by local authorities in Scotland as part of their Council Tax functions
Universal Credit, administered by the Department for Work and Pensions (DWP) in the UK Government
Scottish Child Payment, administered by Social Security Scotland (SSS), part of the Scottish Government.

Finding Vulnerable Families - the Data Led Approach

The three local authorities created a new approach that
identified the data items that are most useful in assessing the risk of child poverty, the ‘Risk Factors’
defined a ‘Risk Policy’ to illustrate how Risk Factors can be combined to create a prioritised ‘Cohort’ of families at risk.
developed a ‘Data Flow Map’ to show the sources of data from which these Risk Factors can be derived
proposed the legislation that enables lawful reuse of the Risk Factors from their primary purpose to the new purpose of addressing child poverty
The SAVVI Process is designed to be useful to any organisation who wishes to repeat the success, so, the definitions avoided the local context, and references to specific computer systems.
Ultimately, new access to reusing personal data can be negotiated once on behalf of all councils who adopt the same definitions.

How SAVVI enables organisations to find and support vulnerable people and households

About SAVVI

, standing for ‘a Scalable Approach to Vulnerability via Interoperability’, is a programme hosted by on behalf of the local public sector, and funded by the Department for Levelling Up, Housing and Communities’ (DLUHC)
within the .
SAVVI is proposing the , to promote how data can be used to improve early identification and smarter interventions, particularly where no single organisation has access to all the data and insight that can predict who may be struggling. Finding people or households who may be vulnerable requires that we are able to routinely bring existing data together, from many sources.
The playbook includes
a to find, assess, and support vulnerable people and households;
to support the common process, and promote interoperability;
an to ensure that data is handled legally, ethically and transparently;
The rationale for the SAVVI Playbook is that it can be applied to all vulnerability scenarios so that
investments in technologies and data sharing can be reused across initiatives;
we are ready for the next emergency

Phases of the SAVVI Process

The SAVVI Process is organised into five phases.
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PURPOSE - setting up a Vulnerability Initiative
FIND - using data to find people who may be at risk
ASSESS - listening, to understand needs and circumstances
SUPPORT - addressing needs by offering support
REPORT - monitoring outcomes over a caseload
IMPROVE - reviewing data to get better results
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Working with SAVVI

Establishing the Project Team


SAVVI recommends a project team structure that includes
vulnerability or operational subject matter experts
data analysis and integration expertise
information governance professionals.

Additionally, SAVVI recommends a governing group to sign-off key decisions and definitions that are set out in the SAVVI Playbook. The key decisions were:

the Vulnerabilities that are in scope
the power(s) or duty(ies) that define the Purpose
the local rationale
the target population segments
the risk factors that identify and prioritise the Cohort
adopting an ethical assessment
the lawful basis for the new data processing
the legal gateway that gives authority to reuse data from its original purpose to the initiative’s purpose
The group formed a single project team to collaborate and agree definitions across the participating councils. The three councils nominated the following personnel into roles to be part of the joint team:
data analysts who were familiar with the sources of data that were likely to be reused
service delivery practitioners who were familiar with services for at-risk families
data protection officers, or those with Information Governance or related legal knowledge, able to assess and advise their council about the lawful basis on which data could be reused

Project Workshops


SAVVI delivered a series of workshops for the project team to take them through the SAVVI process as a way of making the required decisions about which data to use, where it could be sourced from, and the lawful basis on which any new data processing activities would be relied on. The tables below show the topics of these workshops.

Workshop 1: Purpose and Outcomes Framework

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Purpose
The definition of rural and island child poverty:
What are the Vulnerabilities that are in scope?
What are the preventable outcomes?
How is ‘child poverty’ defined?
Who is affected by rural and island child poverty?
What are the authoritative sources of definitions?
The local rationale:
What are the policy or legislative drivers for addressing rural and island child poverty?
What is the business case for addressing rural and island child poverty
What is the evidence that rural and island child poverty is an issue in our locality?
What is the evidence that rural and island child poverty can be successfully addressed through interventions that local authorities can deliver?
The Purpose that allows local councils to address the issues:
Which powers or duties give a remit to local authorities to address child poverty?
Which legislation, regulations or guidance defines these powers or duties?
Where does accountability sit for the work to address the issue?
Purpose
The definition of rural and island child poverty:
What are the Vulnerabilities that are in scope?
What are the preventable outcomes?
How is ‘child poverty’ defined?
Who is affected by rural and island child poverty?
What are the authoritative sources of definitions?
The local rationale:
What are the policy or legislative drivers for addressing rural and island child poverty?
What is the business case for addressing rural and island child poverty
What is the evidence that rural and island child poverty is an issue in our locality?
What is the evidence that rural and island child poverty can be successfully addressed through interventions that local authorities can deliver?
The Purpose that allows local councils to address the issues:
Which powers or duties give a remit to local authorities to address child poverty?
Which legislation, regulations or guidance defines these powers or duties?
Where does accountability sit for the work to address the issue?
2
Needs and outcomes
Risk categories:
What are the Risk Categories that can be used to group and prioritise cases?
The Need(s) that can be addressed:
Which unmet Need(s) can be addressed by Services?
The desired outcomes related to each Need:
What outcomes will the project monitor and report on in relation to each of the Needs?
Needs and outcomes
Risk categories:
What are the Risk Categories that can be used to group and prioritise cases?
The Need(s) that can be addressed:
Which unmet Need(s) can be addressed by Services?
The desired outcomes related to each Need:
What outcomes will the project monitor and report on in relation to each of the Needs?
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The outputs of the workshop are set out in detail in the following sections below:

Workshops 2 & 3: Risk Model, Data Ethics and Data Flow Map

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Risk Model
Risk Factors:
Which Risk Factors could be used to categorise risk and/or predict Needs?
What is the evidence that the proposed Risk Factors are effective?
Risk Policies:
How can Risk Factors be combined and weighted?
What rules could be applied to the Risk Factors to categorise risk and/or predict Needs?
Risk Model
Risk Factors:
Which Risk Factors could be used to categorise risk and/or predict Needs?
What is the evidence that the proposed Risk Factors are effective?
Risk Policies:
How can Risk Factors be combined and weighted?
What rules could be applied to the Risk Factors to categorise risk and/or predict Needs?
2
Data Ethics
Ethical assessment:
Considering the principles of fairness, transparency and accountability
Exploring issues such as unintended consequences, Human Rights, public benefit, and appropriate use of public resources
Data Ethics
Ethical assessment:
Considering the principles of fairness, transparency and accountability
Exploring issues such as unintended consequences, Human Rights, public benefit, and appropriate use of public resources
3
Data flow map
Data sources and risk factors:
Organisations that control sources of Risk Factors
Datasets, systems, and Information Types
Original Purpose
Data Quality
Availability
Data flow map
Data sources and risk factors:
Organisations that control sources of Risk Factors
Datasets, systems, and Information Types
Original Purpose
Data Quality
Availability
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The outputs of the workshop are set out in detail in the following sections below:

Workshops 4 & 5: Data Reuse Propositions and Asks

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Bringing together what we defined in the previous workshops:
the definition of the Vulnerabilities
which type of Organisations have the remit to address the Vulnerabilities
the Risk Factors that will be derived from Information Types
which type of Organisations control the data for the Information Types
the rules that will be applied to the Risk Factors to find vulnerable people and households
the rationale for why the Risk Model is effective
Making a Data Reuse Proposition:
considering Purpose Compatibility
proposing a Lawful Basis for the new data processing activity
Identifying the legal gateway(s) that enables the data to be reused from the original purpose to the new purpose
justification for the legal gateway
SAVVI Data Reuse Proposition
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Making a Data Ask:
Creating a document that is a persuasive argument to a data controller for the reuse of their data
A summary of the data request
A description of the vulnerability that the initiative addresses
Setting out the rationale for the initiative
The Risk Factors required from the controller
The Selection Criteria for records to be included in the data provided
The information and Identifiers required to identify and match data subjects
SAVVI Data Ask
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The outputs of the workshop are set out in detail in the following sections below:

Applying SAVVI to the Rural Child Poverty Project

This section provides the outputs of the workshops using SAVVI templates and definitions.

Defining the Vulnerabilities

The SAVVI Concept Model defines ‘Vulnerability’ as
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Vulnerability
The increased risk of a poor outcome
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The Local Authorities defined the following Vulnerability.

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Vulnerability
Description
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Children disadvantaged by poverty
Child poverty means growing up in families without the resources to ‘obtain the type of diet, participate in the activities and have the living conditions and amenities’ which are the norm in 21st century Scotland.
Townsend, P. (1979) Poverty in the United Kingdom, London, Allen Lane and Penguin Books
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Defining the Purpose

An organisation needs to demonstrate that it has a remit to address vulnerabilities. This becomes important when data that was collected for an original purpose, is to be re-used for this new purpose. This is best expressed as powers and/or duties that define the Purpose.
The SAVVI Concept Model defines ‘Purpose’ as

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Purpose
The remit that an Organisation has to carry out an initiative covering one or more VULNERABILITYs.
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The Local Authorities defined their Purpose as

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Purpose
Income maximisation to address child poverty
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Description of purpose
To reduce instances and mitigate the adverse impact of poverty that causes families to be unable to meet their basic needs, such as food, clothing, housing, education costs, transport.
To make contact with families at risk to offer income maximisation measures aimed at addressing issues and inequalities relating to:
Infant mortality
Digital divide (rural and island)
Children’s wellbeing, health and education attainment (inequalities)
Life expectancy and healthy life expectancy
Parental health
Later in life employment opportunities
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Powers and Duties
Paragraph 13 of the Child Poverty (Scotland) Act 2017 gives Local Authorities a duty to report on income maximisation measures to provide pregnant women and families with children under the age of 16 with information, advice and assistance about eligibility and assistance to apply for financial support.
The duty gives an implied statutory power given to Scottish Local Authorities to act on Child Poverty through income maximisation measures.
Paragraph 9 of the Child Poverty (Scotland) Act 2017 places a duty on Scottish Government Ministers to develop a child poverty “delivery plan” that addresses the following issues:
The provision of financial support for children and parents
Children living in households whose income is adversely affected, or whose expenditure is increased, because a member of the household has one or more protected characteristics
The automatic payment of benefits and support
The provision and accessibility of information, advice and assistance to parents in relation to social security matters, income maximisation and financial support
Closing the education attainment gap
The availability and affordability of housing and childcare
The facilitation of the employment of parents (with remuneration that is sufficient to secure an adequate standard of living), and development of their employment-related skills
Physical and mental health
Children living in single-parent households
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Definitions
A ‘child’ is under the age of 16.
Children are considered to be living in poverty if they live in households with less than 60% of median household income.
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The Risk Model

Defining Risk Factors

The SAVVI Concept Model defines ‘Risk Factor’ as
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Risk Factor
A single fact about a Person or Household that can be combined with others to categorise the risk of a VULNERABILITY , and predict NEEDs
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11 Risk Factors were considered
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Council Tax Arrears
A household in current council tax arrears
2
Universal Credit Claim
A household with a current Universal Credit Claim.
3
Scottish Child Payment
A household that is in receipt of Scottish Child Payment benefits.
4
Crisis Grant application
A household that has made an application for a crisis grant through the Scottish Welfare Fund on behalf of their family in the last 12 months.
5
Council Tax Reduction
A household that is in receipt of Council Tax Reduction.
6
Family
A household that contains one or two adult parent(s) or caregiver(s) and one or more children below the age of 16 years.
7
Family with a child under one year
A family with one or more children below the age of one year.
8
Single parent family
A family with one adult parent or caregiver and one or more children under the age of 16 years but not a spouse or adult partner who shares parenting responsibility.
Where parenting responsibility is defined in
9
Family with three or more children
A family with three or more children below the age of 16 years.
10
Rural or remote household
A household whose home is in a “Remote Small Towns” or “Remote rural” defined in the .
11
Island household
A household whose home is on an island.
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Risk Factor Combinations

Risk Factors can be combined into categories
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Claiming a Welfare Benefit
any one of
Universal Credit Claim
Scottish Child Payment
Crisis Grant application
Council Tax Reduction
2
Not Claiming a Welfare Benefit
missing any one of
Universal Credit Claim
Scottish Child Payment
Crisis Grant application
Council Tax Reduction
3
Family with Children
any one of
Family
4
Family Makeup Increased Risk
any one of
Family with a child under one year
Single parent family
Family with three or more children
5
Location Increased Risk
any one of
Rural or remote household
Island household
6
Debt Increased Risk
any one of
Council Tax Arrears
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Applying Risk Factors to the Risk Policy


The SAVVI Concept Model defines ‘Risk Policy’ as

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Risk Policy
The Rules by which RISK_FACTORs will be used to prioritise VULNERABILITY risk and predict NEEDs.
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The purpose of the Child Poverty Risk Policy was to build a Cohort of families for whom child poverty is a risk and prioritise where an intervention to maximise their household income may help.
To be selected for inclusion in the Cohort, each of the Risk Factor Categories
Claiming a welfare benefit
Not claimed a welfare benefit
Family with Children
… are to be present.

The priority levels of risk within the Cohort can be indicated from Risk Factor Categories
Family Make Up Increased Risk
Location Increased Risk
Debt Increased Risk

Evidence for the Risk Policy

The SAVVI process highlights that the choice of Risk Factors needs to be supported by some evidence that demonstrates that they are effective in finding people at risk. This becomes important when arranging for data sharing so that the data controller can be assured that their data is necessary to make the Risk Policy work.
The Local Authorities set their evidence as
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Claiming a Welfare Benefit/Not Claiming a Welfare Benefit
The Tackling Child Poverty Delivery Plan - Progress Report 2022-23: Annex A - Measurement Framework Published by the Scottish Government sets out that
‘Income from social security and benefits in kind’ is an ameliorating factor for child poverty.
The diagram below shows the relationship between eligibility criteria, take up and income.
Using protective or indicative risk factors derived from welfare benefits payments made to households is therefore necessary to assess the risk of child poverty.
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Family Makeup Increased Risk
End Child Poverty has developed a body of evidence that families with a single parent or with a higher number of dependent children are at higher risk of child poverty.
44% of children in lone parent families are in poverty after housing costs. This is compared with just 25% of children in couple parent families.
The poverty rate for children in families with three or more children was 42%, compared with 23% and 22% among children in families with one or two children, respectively.
It is therefore necessary to use risk factors derived from household composition data to assess the risk of child poverty.
Location Increased Risk
The Scottish Government’s report ‘Poverty in Rural Scotland’ published in December 2021 sets out that living expenses for those living in rural and island areas in Scotland are higher than for those living in other geography types.
Living costs for families in rural and remote areas and on islands, compared to urban areas in Scotland:
Food costs:
Rural: 104%
Island: 113%
Clothing costs:
Rural: 110%
Island: 112%
Household goods costs:
Rural: 104%
Island: 110%
Travel costs:
Rural: 154%
Island: 128%
It is therefore necessary to use risk factors derived from geographic designations of household’s home addresses to assess the risk of child poverty.
Debt Increased Risk
The Wales Centre for Public Policy’s 2022 report ‘Poverty and social exclusion: Review of household debt’ acknowledges that Council Tax is a significant driver of household indebtedness.
In HM Government’s report: ‘An evidence review of the drivers of child poverty for families in poverty now and for poor children growing up to be poor adults’ sets out a body of evidence that a key driver of child poverty is the level of arrears on household bills.
Source:
It is therefore necessary to use risk factors derived from Council Tax Arrears data to asses the risk of child poverty.
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Finding Sources of Risk Factors


SAVVI sets out a Data Flow Map, to show where Risk Factor data can be drawn from.

Rather than refer to specific computer systems, or suppliers, SAVVI uses a more generic ‘Information Type’ so that other organisations can re-use parts of the map.

The SAVVI Concept Model defines ‘Information Type’ as

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Information Type
A generic description of a dataset that one or many organisations may hold, collected for a single PURPOSE.
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The Local Authorities defined their Data Flow Map as
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Scottish Local Authority
Council Tax Reduction
Council Tax Reduction (Scotland) Regulations 2021
Council Tax Reduction
Family
Single parent family
Family with three or more children
Family with child under one year
2
Scottish Local Authority
Council Tax Accounts
The Council Tax (Administration and Enforcement) (Scotland) Regulations 1992 which has statutory power from the Local Government Finance Act 1992
Council Tax Arrears
3
Scottish Local Authority
Crisis Grants
Welfare Funds (Scotland) Act 2015
Crisis Grant application
Family
Single parent family
Family with three or more children
Family with child under one year
4
Department for Work and Pensions (UK Government Department)
Universal Credit payments
The Universal Credit Regulations 2013 which has statutory power from the Welfare Reform Act 2012
Universal Credit Claim
Family
Single parent family
Family with three or more children
Family with a child under one year
5
Social Security Scotland (Scottish Government Directorate)
Scottish Child Payment
The Scottish Child Payment Regulations 2020 Using powers defined in Sections 79 and 95 of the Social Security (Scotland) Act 2018
Scottish Child Payment
Family
Single parent family
Family with three or more children
Family with a child under one year
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Several other risk factors and data sources were considered as part of the process, but the local authorities agreed on risk factors derived from the above sources as an initial minimum risk model that would effectively prioritise families for an income maximisation needs assessment.
The data flow map demonstrates that three of the Information Types are controlled by Local Authorities, and two are from external organisations; however, the SAVVI Process to undertake lawful, ethical and transparent processing of each of these data sources is the same.

Using Data Lawfully, Ethically and Transparently

The SAVVI Playbook includes an with steps to ensure that data is used, and reused, legally, ethically, and transparently.
The SAVVI IG Framework refers to existing codes and guidance including ...
The framework defines the key steps and assessments to take, which are then ultimately referred to in a Data Protection Impact Assessment (DPIA).

The Re-use of Personal Data as the Source of Risk Factors

Each of the Risk Factors were considered , by looking at the ‘Information Types’ that they are derived from.

Purpose Compatibility

The SAVVI IG Framework highlights the ICO guidance …

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You can only use the personal data for a new purpose if either
this is compatible with your original purpose,
you get consent, or
you have a clear obligation or function set out in law.
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The Data Flow Map demonstrated that the Purposes for which the source Information Type data was originally recorded, were significantly different to the new Child Poverty purpose, and therefore the Purposes are not Compatible.

Therefore, a SAVVI Data Reuse Proposition was developed for each Information Type.

Developing Data Reuse Propositions

As the new purpose of ‘Income Maximisation to address Child Poverty’ is not ‘compatible’ with the original purposes for the collection of the data, the Local Authorities needed to establish the ‘Lawful Basis’ for reuse.

The SAVVI Information Governance Framework sets out how to define a for each Information Type, and specify
the proposed GDPR Lawful Basis
where applicable, one or more Legal Gateways
where required further Conditions for Processing

The Purpose for the new data use had already been set out in the Purpose phase. The new lawful basis for the new use was determined to be “Public Task”.

The Data Flow map had documented each of the data sources, and the lawful basis on which personal data was originally processed.

A legal gateway is needed to enable the existing data to be reused for the new purpose.

Information Types where an Existing Legal Gateway was Found and Agreed

Scottish Child Payment

The following legal gateway was identified for the Scottish Child Payment information type:
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Scottish Child Payment
Scottish Child Payment
Family
Family with a child under one year
Single parent family
Family with three or more children
(5), (6) and (10):
(5) Information held by the Scottish Ministers for the purpose of a social security function may be supplied by the Ministers to a person mentioned in subsection (2) for use for the purposes of such function of the person as is specified in regulations made by the Ministers.
(6) Where information is supplied to a person under subsection (5) for use for any purpose, the person may use it for any other purposes for which information held by the person for that purpose may be used.
(10) In this section, “social security function” means a function of the Scottish Ministers under or by virtue of this Act.
Subsection (2) (a) reads:
(2) The persons are—
a local authority,
(1) (c) and (e):
The Scottish social security principles are—
(c) the delivery of social security is a public service,
(e) the Scottish social security system is to contribute to reducing poverty in Scotland,
Additionally, Section 4 of paragraph (1)(b) states:
(1) Information held by the Scottish Ministers for the purpose of a social security function may be supplied by Ministers under section 85(5) of the 2018 Act (specification of functions) to—
(b)a local authority for use for the purposes of the functions of the local authority specified in paragraph (3).
Paragraph (3) (f) states:
(3) The specified functions referred to in paragraph (1)(b) are—
(f)determining whether to provide occasional financial or other assistance for the purpose described in section 2(1)(a) or (b) of the Welfare Funds (Scotland) Act 2015 (use of welfare funds: assistance for short term need and community care),
And Section 2(1)(a) of the Welfare Funds (Scotland) Act 2015 states:
2Use of welfare funds: assistance for short term need and community care
(1)A local authority may use its welfare fund only in order to provide occasional financial or other assistance to or in respect of individuals for the purposes of—
(a)meeting, or helping to meet, an immediate short term need—
(i)arising out of an exceptional event or exceptional circumstances, and
(ii)that requires to be met to avoid a risk to the wellbeing of an individual
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Exploring the Use of the Digital Economy Act for Data Sharing


For some Information Types, no legal gateways were found in existing legislation so the use of the Digital Economy Act 2017 was considered to create the required legal gateways:
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About the Digital Economy Act -
The use of the Digital Economy Act for Data Sharing is described in
‘Data Sharing’ is defined as
the disclosure of information from one or more organisations to a third-party organisation or organisations, or the sharing of information between different parts of an organisation.
There are currently eight Public Service Delivery Objectives defined for use with the Act, including ‘Multiple Disadvantages’.
Multiple Disadvantages is defined in the , paragraph 2 as:
Identifying individuals or households who face multiple disadvantages and enabling the improvement or targeting of public services to such individuals or households and providing for the monitoring and evaluation of programmes and initiatives;
of the Digital Economy Act 2017 states for an Objective to apply, the following conditions must be met:
condition 1: the purpose is the improvement or targeting of a public service provided to individuals or households, or the facilitation of the provision of a benefit (whether or not financial) to individuals or households;
condition 2: the purpose is the improvement of the well-being of individuals or households; and
condition 3: the purpose is the supporting of the delivery of a specified person’s functions, or the administration, monitoring or enforcement of a specified person’s functions.
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The project explored if the Multiple Disadvantages objective would fit with the Child Poverty Purpose.
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(2) “Multiple disadvantages” means the presence of two or more of the factors listed in sub-paragraph (3) which adversely affect—
(a)an individual; or
(b)one or more individuals in a household.
Paragraphs (3) defines a list of factors which include
(c)being a child in need;
(j)irregular attendance at school;
‘being a child in need' is one of the two disadvantages because the in Section 93 paragraph 4 defines a child in need as:
(a)being “in need”, is to his being in need of care and attention because—
(i)he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless there are provided for him, under or by virtue of this Part, services by a local authority;
(ii)his health or development is likely significantly to be impaired, or further impaired, unless such services are so provided;
The Purpose of Child Poverty initiative is:
‘…addressing issues and inequalities relating to:
Infant mortality
Digital divide (rural and island)
Children’s wellbeing, health and education attainment (inequalities)
Life expectancy and healthy life expectancy
Parental health
Later in life employment opportunities’
Which is highly consistent with clauses (i) and (ii) above.
the 'services' mentioned in this section are explained in section 22 Paragraph (3) (b) of the act as:
…may include giving assistance in kind or, in exceptional circumstances, in cash.
Income maximisation support is considered a service ‘in kind’ relating to children in need, and even if this is not the case, the fact that the act gives local authorities power to administer cash to meet this need, infers that the need may be financial in nature and therefore includes child poverty as defined in .
(j) ‘irregular attendance at school’ is the second of two disadvantages because there is an established link between child poverty and school attendance, including in Scotland and in rural areas, as set out in this academic study:
2
(2) “Multiple disadvantages” means the presence of two or more of the factors listed in sub-paragraph (3) which adversely affect—
(a)an individual; or
(b)one or more individuals in a household.
Paragraphs (3) defines a list of factors which include
(c)being a child in need;
(j)irregular attendance at school;
‘being a child in need' is one of the two disadvantages because the in Section 93 paragraph 4 defines a child in need as:
(a)being “in need”, is to his being in need of care and attention because—
(i)he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless there are provided for him, under or by virtue of this Part, services by a local authority;
(ii)his health or development is likely significantly to be impaired, or further impaired, unless such services are so provided;
The Purpose of Child Poverty initiative is:
‘…addressing issues and inequalities relating to:
Infant mortality
Digital divide (rural and island)
Children’s wellbeing, health and education attainment (inequalities)
Life expectancy and healthy life expectancy
Parental health
Later in life employment opportunities’
Which is highly consistent with clauses (i) and (ii) above.
the 'services' mentioned in this section are explained in section 22 Paragraph (3) (b) of the act as:
…may include giving assistance in kind or, in exceptional circumstances, in cash.
Income maximisation support is considered a service ‘in kind’ relating to children in need, and even if this is not the case, the fact that the act gives local authorities power to administer cash to meet this need, infers that the need may be financial in nature and therefore includes child poverty as defined in .
(j) ‘irregular attendance at school’ is the second of two disadvantages because there is an established link between child poverty and school attendance, including in Scotland and in rural areas, as set out in this academic study:
3
(2) “Multiple disadvantages” means the presence of two or more of the factors listed in sub-paragraph (3) which adversely affect—
(a)an individual; or
(b)one or more individuals in a household.
Paragraphs (3) defines a list of factors which include
(c)being a child in need;
(j)irregular attendance at school;
‘being a child in need' is one of the two disadvantages because the in Section 93 paragraph 4 defines a child in need as:
(a)being “in need”, is to his being in need of care and attention because—
(i)he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless there are provided for him, under or by virtue of this Part, services by a local authority;
(ii)his health or development is likely significantly to be impaired, or further impaired, unless such services are so provided;
The Purpose of Child Poverty initiative is:
‘…addressing issues and inequalities relating to:
Infant mortality
Digital divide (rural and island)
Children’s wellbeing, health and education attainment (inequalities)
Life expectancy and healthy life expectancy
Parental health
Later in life employment opportunities’
Which is highly consistent with clauses (i) and (ii) above.
the 'services' mentioned in this section are explained in section 22 Paragraph (3) (b) of the act as:
…may include giving assistance in kind or, in exceptional circumstances, in cash.
Income maximisation support is considered a service ‘in kind’ relating to children in need, and even if this is not the case, the fact that the act gives local authorities power to administer cash to meet this need, infers that the need may be financial in nature and therefore includes child poverty as defined in .
(j) ‘irregular attendance at school’ is the second of two disadvantages because there is an established link between child poverty and school attendance, including in Scotland and in rural areas, as set out in this academic study:
4
(2) “Multiple disadvantages” means the presence of two or more of the factors listed in sub-paragraph (3) which adversely affect—
(a)an individual; or
(b)one or more individuals in a household.
Paragraphs (3) defines a list of factors which include
(c)being a child in need;
(j)irregular attendance at school;
‘being a child in need' is one of the two disadvantages because the in Section 93 paragraph 4 defines a child in need as:
(a)being “in need”, is to his being in need of care and attention because—
(i)he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless there are provided for him, under or by virtue of this Part, services by a local authority;
(ii)his health or development is likely significantly to be impaired, or further impaired, unless such services are so provided;
The Purpose of Child Poverty initiative is:
‘…addressing issues and inequalities relating to:
Infant mortality
Digital divide (rural and island)
Children’s wellbeing, health and education attainment (inequalities)
Life expectancy and healthy life expectancy
Parental health
Later in life employment opportunities’
Which is highly consistent with clauses (i) and (ii) above.
the 'services' mentioned in this section are explained in section 22 Paragraph (3) (b) of the act as:
…may include giving assistance in kind or, in exceptional circumstances, in cash.
Income maximisation support is considered a service ‘in kind’ relating to children in need, and even if this is not the case, the fact that the act gives local authorities power to administer cash to meet this need, infers that the need may be financial in nature and therefore includes child poverty as defined in .
(j) ‘irregular attendance at school’ is the second of two disadvantages because there is an established link between child poverty and school attendance, including in Scotland and in rural areas, as set out in this academic study:
There are no rows in this table

Feedback from the ICO

The project contacted the ICO to get their opinion on the proposed data shares, and the use of the Digital Economy Act in particular. The ICO gave detailed and considered feedback. They were NOT convinced that this was a correct use of the Multiple Disadvantages objective …

1
“Multiple disadvantages” is defined as the presence of two or more factors specified in the Regulations, and you have identified that “c) being a child in need” and “j) irregular attendance at school” may apply in this case.
You have identified reasons why j) is relevant – in particular, because irregular school attendance is linked to child poverty. However, there are likely to be clearer sources of information about irregular school attendance, other than inferring this from indicators of economic deprivation, and the specific purpose for sharing data in this case is to identify households at risk of poverty and to address this.
There are no rows in this table

Setting New Objectives in the Digital Economy Act

Given that the Multiple Disadvantages objectives requires that two factors from the schedule must be selected, and evidenced, a way forward is to bring forward a new ‘Objective’. SAVVI is now working with the Digital Economy Team of the Central Digital and Data Office (DSIT) to propose an Objective for ‘Early Help and Prevention’. The emphasis for this Objective will be to reuse existing data to identify people and households who may be at risk of a vulnerability. That will probably need a schedule of specific ‘Purposes’, such as ‘child Poverty’, that can be applied.

The Code of Practice to the Digital Economy Act sets out .

Developing Data Asks

Having developed Data Reuse Propositions that set out the lawful basis and legal gateway on which data can be reused from its original purpose to another, the project then needed to develop Data Asks for externally sourced data.
The two external organisations from which data in the risk model needed to be sourced were:

(DWP) (UK Government Department)
(SSS) (Directorate of the Scottish Government)
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