Working together to support 
Young People Not in Education, 
Employment or Training (NEET)

Information for DWP Operations and
local authority services for young people 

Introduction
NEET Definition: not in education, employment or training	
Department for Work and Pensions (DWP) and Department for Education (DfE) define NEET as young people who are:	
Not in any form of:	
Education:	Any formal course of education (full or part-time)	
Employment:	Any paid work (including part time or temporary work), self employment.  Employment does not include voluntary work or work experience 	
Training	Any for formal employment-related training course (full or part- time) and including traineeships, ‘Basic Skills’ and engagement programmes for the most disengaged.  It does not include Support Contract modules, CV writing etc	

The vast majority of young people continue in education or training when they leave school, and make a successful transition to either higher education or employment.  But there are still too many who either ‘drop out’ or struggle to make the transition to the labour market at age 18-19.  
As a result, the proportion of young people NEET rises sharply at age 18-19 as shown in the chart below.
16-24 year olds NEET

Source: SFR 16/2013

Local authorities, working with DfE and DWP (through Jobcentres) each have responsibilities for young people.  Both services need to understand the support and help that they can each offer, and share information, if young people are to receive an integrated package of support. 
Arrangements have been in place since 2008 for local authority services to be informed when a young person aged 18-19 makes a claim for benefit.  However, new legislation to establish integrated employment and skills arrangements gives Jobcentre Plus a legal gateway to share personal information on 18-19 year old claimants with local authority services.  This will allow a much more joined up service for young people.
That is why DfE and DWP committed, in Building Engagement; Building Futures, to develop arrangements for how data sharing could work in future, developing guidance for Jobcentre Plus and drawing up a Memorandum of Understanding (MoU) with local authorities.  
This guidance is a result of both departments working together and demonstrating that commitment.  The guidance is split into five sections:
•	Section 1 outlines the main responsibilities of DfE and local authority services for young people;
•	Section 2 outlines the main responsibilities of DWP operations for young people;
•	Section 3 describes the arrangements for the monthly bulk transfer of data from DWP to local authority services; and
•	Section 4 explains how local authorities can use the Memorandum of Understanding to obtain any other information that they need to help a young person re-engage in education, employment or training. 

Section 1	
The role of local authority services in England

Raising the Participation Age
From the start of the 2013/14 academic year young people will be required to participate in education or training for a further year after the compulsory school leaving age.  This will increase to their 18th birthday in 2015.  This does not mean that young people need to remain in school; they may be in any form of full time education or training, an apprenticeship, or combine full time employment (or voluntary work) with accredited part time learning.  
DfE has published statutory guidance which sets out this duty, and the role of local authorities, in more detail -   http://tinyurl.com/dx2qjqh

Education and training
DfE, through the Education Funding Agency (EFA), funds education and training for young people aged 16-19 and 20-24 with a learning difficulty or disability (LDD) in England.  This might be in a school, college, training provider or traineeship/ apprenticeship provider.  From September 2013, many young people will be enrolled on 16-19 study programmes which will bring together a substantial qualification, English and maths, and work experience.  A new programme of traineeships has been launched which will provide a new opportunity for young people aged 16 to 23 (inclusive) to develop the skills and attributes they need to compete for an apprenticeship or good job.
For those not yet ready for mainstream education or training, reengagement programmes - often run by the voluntary and community sector (VCS) - may be offered.  
Local authorities are responsible for ensuring there are sufficient places to meet the needs of young people, and work with the EFA to identify and fill any gaps that emerge.

Support to participate
All local authorities have a duty to help 16-19 year olds, and 20-24 year olds with LDD, to participate in education or training and to provide targeted support to those who are NEET.  They have flexibility to do this in a way that best meets local needs; services may be delivered either ‘in house’ or contracted out to an external provider, under a range of local brands.  
Additional support for 16 and 17 year olds NEET who have low qualifications is available through the Youth Contract.  Although young people must be aged 16 or 17 on entry, support can continue for up to 12 months to help the young person to achieve a sustained outcome. 
18-24 year olds may also be supported through the DWP elements of the Youth Contract and these are described on page 10. 

September Guarantee
All 16 and 17 year olds (i.e. those due to reach the statutory school leaving age in the current academic year, or who reached that age in the previous academic year) are entitled to an offer of a suitable place in education or training by the end of September each year.  Local authorities are responsible for leading this process, tracking offers made to young people and providing support to those yet to receive an offer. 

Tracking young people’s participation
To enable them to fulfil their duties (above), local authorities need to be able to identify young people who are not participating, and assess their needs.  Local authority services maintain a database – known as CCIS (Client Caseload Information System) of 16-19 year olds resident in their area on which they record young people’s current activity.  They draw heavily on information from education and training providers, youth services and Jobcentre Plus to keep this database up to date.  
This can be challenging, especially at age 18+ when more young people begin to live independently.  As a result, there are a significant proportion of 18+ year olds whose current situation is not known and who may be missing out on the services to which they are entitled. 
CCIS also provides a range of statistical information that shows the number and characteristics of young people NEET which is available from local authorities.  Headline figures are made available on the DfE website – http://tinyurl.com/o88vb8q

Financial support to continue in education and training
The 16 -19 Bursary Fund provides financial support to disadvantaged young people in England to help them to continue their education or training.  The majority of the Bursary Fund is managed by education and training institutions although some work with their local authority to ensure a degree of consistency across their area. 
The most vulnerable young people - those in care or leaving care; or in receipt of Income Support or Universal Credit; or in receipt of Employment Support Allowance and also in receipt of Disability Living Allowance or Personal Independence Payments - are eligible for a bursary of £1,200.  Bursaries for vulnerable groups are managed centrally by the Learner Support Service, although young people apply via their education or training institution. Young people who do not fall into the groups above may apply directly to their education or training institution for discretionary funding.  The eligibility criteria are set by the institution.
Young parents in England are also able to claim Care to Learn to cover their child care costs while they are participating in education or training.  Local authority services can provide information about the scheme and help young people to apply.
Information for young people and their parents is available at https://www.gov.uk/1619-bursary-fund
There is information about Care to Learn at https://www.gov.uk/care-to-learn

Benefits
16 -17 year olds are, in certain circumstances, eligible to claim Job Seeker’s Allowance (JSA), Income Support (IS) or Employment Support Allowance (ESA). Whilst decisions about the payment of benefits will be made by Jobcentre Plus, any young person under 18 wishing to make a claim must first register with the local authority as a condition of entitlement. 
Relatively few 16 and 17 year olds engage with the benefit system and therefore do not come into direct contact with Jobcentre Plus.  However, for those that do, it is particularly important that Jobcentre Plus and the LA contractors work closely to ensure the smooth processing of benefits and ensure the provision of good quality information, advice and guidance to help young people engage with education, employment or training.  
Guidance for local authorities on the main benefits claim processes is available on the DWP website: http://www.dwp.gov.uk/publications/specialist-guides/supporting-young-benefit-claimants/

Case Study
Hull County Council is identifying young people who are nearing their 18th birthday (and so will move over to an adult claim if not successful at interviews) and is looking at smoothing the transition by ‘passing over’ information such as employment history, qualifications, action/career plans and named LA adviser supporting the young person, to prevent duplication and confusion for the young person. Jobcentre Plus will also explain the difference between a young person’s and an adult claim and what will be expected of them

Section 2	
The role of DWP Operations (Jobcentre Plus)

In the context of Young People NEET, the primary aims of DWP are to:
•	help more people into paid employment;
•	create and open up  opportunities for unemployed young people to support local growth; and
•	pay benefit accurately and on time to people who are entitled to receive it.

16-17 year olds
Although the primary responsibility for helping 16 and 17 year olds into education, employment or training lies with local authorities, Jobcentre Plus will also provide information, advice and guidance, particularly where young people are in receipt of JSA and therefore required to be actively seeking work (with training).
Jobcentre Plus ‘Under 18 Specialist Advisers’ will generally be the point of contact for LA contractors in relation to benefit queries for 16 and 17 year olds. Their key responsibilities are to:
•	create and maintain close working links with LA services personal advisers;
•	provide young people with information, advice and guidance about all benefits, employment and training;
•	establish entitlement to benefit and explain rights and responsibilities;
•	undertake New Jobseeker Interviews /Severe Hardship interviews (JSA customers only);
•	discuss and agree a Jobseeker’s Agreement (JSA customers only) (This will be replaced by a Claimant Commitment for 16 and 17 year olds from April 2014). This will reflect the young person’s employment and training goals/needs and steps to achieve;
•	make sure young people maintain the entitlement to benefit by fulfilling associated responsibilities;
•	conduct claim review interviews as appropriate;
•	action changes of circumstances promptly; and
•	identify and forward information required by LA contractor and record this on appropriate forms.

18 and 19 year olds
Young people aged 18 and 19 have the same right of access to Jobcentre Plus services as other adults.  They may also still receive help from LA services, though this is not (unlike with 16 -17 year olds) a requirement of claiming benefit.  Young people aged 18 and 19 should be given information about LA services as part of the new claims process, and told their contact details will be passed to the LA services.  This will enable the LA CCIS database to be updated, and advisers will get in touch to offer help and support.
Young people wishing to claim JSA will attend a New Jobseeker Interview with a personal adviser to discuss and agree job goals and steps that will give them the best chance of success.  Beyond this, people are seen regularly (usually fortnightly) to discuss their job search and to see what additional help might be required.
Jobcentre Plus can also support local young person NEET strategies by:
•	involving/promoting LA contractors in marketing activity eg employer engagement (Local Enterprise Partnerships), job fairs etc;
•	hosting open days for small groups of young people to explain Jobcentre Plus services, demonstrate Job Points; and
•	Jobcentre Plus advisers attending local authority events to give talks to young people;
•	helping find employer placements for young people wishing to enrol in traineeships.

‘Get Britain Working’ is the government branding for a number of welfare reforms to help people move off benefits and into work. This includes a more flexible Jobcentre Plus offer, a range of Get Britain Working Measures and the Work Programme. DWP advisers may also refer young people up to the age of 23 to traineeships. 

Work Programme
The Work Programme has been designed to help those at risk of becoming long term unemployed.  DWP has moved away from one size fits all employment programmes. The Work Programme offers people tailored support to help them find and remain in work.  The young person remains unemployed/NEET whilst they are on the Work Programme. 
It is open to claimants of JSA and those claiming ESA who are close to being fit for work, or who choose to take part.  Early access is available for 18 year olds who claimed JSA when 16 -17 years old. They will be mandated to the Work Programme at week 39 of their claim, although the adviser has discretion to defer for up to 3 months.

Pre-Work Programme

Work Choice
Mainstream provision will be complemented by specialist disability employment programmes including Work Choice. This provides support for disabled people facing the most complex barriers to finding and retaining work.
Work Clubs
Local authorities, employers, voluntary sector organisations and community groups, amongst others, are encouraged to set up Work Clubs to help customers into work before they become eligible for referral to mandatory provision.  They are encouraged to share skills and experiences. Work Clubs specifically for 16 - 24 year olds, help to focus on the particular issues that young jobseekers face; especially those with little or no work experience. This might involve supporting them to make choices to move into apprenticeships or take up work with training or work experience opportunity. There is no specific delivery model for Work Clubs as they should be driven by local demand and reflect the needs of the local community. 
Work Together
Work Together helps unemployed claimants on JSA, IS and ESA at any point in their claim (until they are required to participate in mandatory provision), to improve their chances of securing work by encouraging and promoting the take-up of voluntary work. It will support claimants to preserve or enhance their skills and motivation. Providing the placement is with a volunteering or charitable organisation, claimants will continue to receive any benefits to which they are entitled whilst attending. This is subject to continued benefit eligibility conditions being met.
Work Experience
For younger JSA claimants, including 16 -17 year olds with a low skills base and little or no work experience this package of support helps them gain work skills and experience with employers in the local labour market.  It is voluntary for all claimants who remain on benefit throughout the work experience opportunity and remain subject to all existing conditionality. Work Experience provides an insight into the world of work and aims to maximise the number of young people moving into employment or training whilst providing them with quality, ‘meaningful’ work experience. The intention is to lower the number of young people flowing onto the Work Programme.
Enterprise Clubs
This focuses on supporting unemployed people who are interested in self-employment ahead of entry to the Work Programme. It encourages them to meet and exchange skills, contacts and experiences and complements the support offered by the New Enterprise Allowance.  
New Enterprise Allowance
This is available to assist people who opt for self-employment as a route off benefits. If eligible, it offers support of a local business mentoring organisation responsible for assessing the quality of the claimant’s business idea and its suitability for support through New Enterprise Allowance. Engagement is entirely voluntary. Once the claimant has agreed to participate and had their first mentor meeting, specific conditions are attached and a failure to participate may lead to sanctions being applied.  
Sector-based Work Academies
Sector-based work academies are designed to support JSA and ESA (Work Related Activity Group) claimants, aged 18 or over from day one of their claim, who are close to the labour market but have been unable to find work. It also aims to move people into sustained employment, therefore supporting employers in filling vacancies with unemployed people.  The opportunities last for a maximum of six weeks and consist of pre-employment training, work experience placements and guaranteed job interviews.
Youth Contract
The Youth Contract includes a range of additional help for young people, for example:
•	wage incentives - designed to encourage employers to recruit unemployed 18 - 24 year olds into permanent jobs;
•	extra work experience (across Great Britain) or sector-based work academy places, (England and Scotland only) ensuring there is an offer of a place for every 18 - 24 year old who wants one, before they enter the Work Programme; and
•	additional adviser support for all 18 - 24 year olds on JSA (available across Great Britain).
Work Trial
This support helps to overcome any remaining suitability doubts an employer and/or disadvantaged claimant may have following a formal interview for a vacant post.  It is not a work placement or work experience. Participation is strictly voluntary and claimants can leave early or turn down the job if offered. Claimants stay on their normal benefit and receive certain expenses from Jobcentre Plus. 
Traineeships
Traineeships are an education and training programme with work experience, focused on giving young people the skills and vital experience they need to help them compete for apprenticeships or other jobs. Traineeships will last a maximum of six months. The core content will be:
•	work preparation training, 
•	English and maths; and 
•	a high quality work experience placement.

Section 3
Monthly bulk transfer of data (England only)

Under Clauses 254 and 255 of the Apprenticeships, Schools, Children and Learners Act (2009) in England, DWP provides a monthly bulk transfer of data to the DfE consisting of: 
•	name
•	address, and
•	date of birth 
of young people aged 18 or 19, who have made a new claim for Jobseeker’s Allowance, Income Support, Incapacity Benefit or Employment Support Allowance and have received their first payment in the last month.
An overarching Memorandum of Understanding, DHP001 and Privacy Impact Assessment have been completed to allow the bulk transfer to happen. These forms are held centrally. No action is required by Jobcentre Plus staff or local authority services.
The data, supplied by DWP Information Directorate, are sent to CareerVision on behalf of DfE and sorted by local authority post code.  Each authority’s data are forwarded to a named contact at the appropriate local authority service through the secure NCCIS portal. This information:
•	alerts the local authority to a likely change in the young person’s  circumstances;  they might have left full time education or training, become a parent, become ill, or left the parental home;
•	enables the LA service to check the young person is on their database.  If the young person has only recently moved to the area, then it is unlikely that they will be known to the local authority service or receiving any support so the bulk transfer alerts the LA to their responsibilities in respect of that young person; and 
•	enables the LA service to update the young person’s address.  The young person may have made their claim for an address that is more recent than that recorded on CCIS. 
The local authority can then contact the young person to arrange an interview with an adviser.  This is important as, at this early stage in their claim, they may be receiving only minimal support from Jobcentre Plus.   The local authority service can contact the young person to find out if they are NEET, offer support and update their records accordingly. 
If local authority services want to check who their named contact is, or want to change the person receiving this information, then they should contact the NCCIS helpline (helpline@NCCIS.org.uk).

Case study
Entrust, who run the young people’s service in Staffordshire, identified a young person on the DWP data for whom they did not hold contact details.  Once they had the young person’s address, they were able to complete a sibling search on their database.  This provided a current phone number which they rang and, following conversations with the client’s parent, they established that the person was working part time but they really wanted an apprenticeship.  The service explained how they could help her son and an appointment was made to see a Careers Adviser.

Section 4
Local data sharing (England only)

There may be occasions where local authorities find that they need more information in order to support the young person to participate.  For example:
•	additional information about an individual listed on the bulk data transfer, such as their telephone number;
•	information about the current stage of their claim, such as engagement with the Work Programme or other measures described in section 2;
•	to enquire about a young person whose current activity is not known.   
Jobcentre Plus is able to exchange such information where it can be justified on the grounds that it will help the local authority service to fulfil its duties.
To share any additional information on a young person NEET, it is essential that a Memorandum of Understanding is signed by the DWP District Manager and the Senior Responsible Officer at the local authority services.
A copy of the Memorandum of Understanding which should be used is attached  at Annex 1 of this document. 
The information listed in Annex B on the MoU should only be disclosed when justified that it will help the local authority services fulfil its duties.  LAs might also request information that is not on Annex B.  This can only be provided if a revised MoU is negotiated with the agreement of DWP Information Governance and Security Directorate.   
The DWP District Manager and Senior Responsible Officer for the local authority must sign and date a copy of the MOU before Jobcentre Plus shares any information with the local authority or their provider. Each organisation should keep a copy of the signed MOU. 
The DWP District Manager must send either:
•	a scanned copy of the original signed  MoU; or 
•	an electronic copy of the MoU  with a covering e-mail specifying the names of signatories and date of sign off, to Economic.growth@dwp.gsi.gov.uk
DWP Strategy will hold a national overarching MOU. It includes a list of all Districts/local authorities that have signed separate MOUs, along with an annex containing the separate MOUs. This provides a robust audit trail.
The other documentation needed to exchange data (DHP001 and PIA) will be completed and held centrally for any additional local data share and no action is required by Jobcentre Plus staff and local authority services.

Case Study
The local authority and Jobcentre Plus in Hull had previously set up information sharing arrangements through a locally agreed MoU.  JCP explained that it was necessary to go though individual records to find some of the information the LA had requested, so to make sure that this was a manageable task for JCP, the local authority is ‘drip feeding’ requests for 10 records at a time.
The LA explained to a JCP colleague how the data would be used with a reassurance that individual young people would not be contacted using the information exchanged.  The LA assured JCP it is used to cross reference and to update their data with unemployed status, address etc. These young people are then allocated to a locality PA for follow up and support depending on the area of Hull in which they live .Many of these young people had an activity of ‘not known’ as they had not returned to learning after the end of term, left prematurely or had come to the end of their course and the LA had been unable to contact them as they had changed address.

Annex 1
NOT PROTECTIVELY MARKED

Dated 18 December 2013

THE DEPARTMENT FOR WORK AND PENSIONS

AND

THE [INSERT NAME] LOCAL AUTHORITY  

______________________________________
MEMORANDUM OF UNDERSTANDING
LOCAL DATA SHARE
For the purpose of sharing data to enable or assist local authorities in England to make and maintain contact with young people aged 18 and 19, and claimants with learning difficulties and disabilities aged 20 - 24 to assist them into education, employment or training.
______________________________________

THIS MEMORANDUM OF UNDERSTANDING is made the xx day of xxx 2013

BETWEEN:

THE DEPARTMENT FOR WORK AND PENSIONS, DISTRICT MANAGER OF [INSERT DISTRICT] AT [INSERT ADDRESS] 

And

THE [INSERT AUTHORITY], SENIOR RESPONSIBLE OFFICER of [INSERT ADDRESS]

Hereinafter where the context permits, referred to collectively as ’the Parties’ and individually as ’Party’

Introduction 
A	Information about new claimants is already made available to local authorities through the bulk data transfer arrangements that have been agreed between DfE and DWP. 	
B	There is a separate Memorandum of Understanding in place that covers the bulk data transfer arrangements.	
C	There may, however, be occasions where local authorities find that they need more information in order to support the young person to participate.  For example:
•	additional information about an individual listed on the bulk data transfer, such as their telephone number;
•	information about the current stage of their claim, such as engagement with the work programme
•	to enquire about a young person resident in the authority area whose current activity is not known.   	
D	This Memorandum of Understanding (MoU) sets out the agreement between DWP and local authorities which allows the exchange of data as detailed in Appendix B to assist young people aged 18 and 19 and claimants with learning difficulties and disabilities aged 20 to 24 into education, employment or training.  	
E	Jobcentre Plus is able to provide such information to the local authority where authorised by Section 72 of the Welfare, Reform and Pensions Act 1999 together with the Social Security (Claims and Information) Regulations 1999 (as set out at F below). A process map shows this at Annex A.	
F	It is the responsibility of the local Jobcentre Plus to only provide the information listed in Annex B of this MoU. This is providing the information requested can be justified, on the grounds that it will help the local authority services to fulfil its duties,	
	Please note:	
G	If locally staff request the data by telephone, a ‘Data Movement Template’ is not required.  If the information is to be requested and sent by e-mail, then a ‘Data Movement Template’ must be completed locally.	
H	Local authorities might also request information that is not on Annex B.  This can only be provided if a revised MoU is negotiated with the agreement of DWP Information Governance and Security Directorate.  	
I	The other documentation needed to exchange such additional local data (Data Handling Protocol Application and Privacy Impact Assessment) have already  been completed and are held centrally  and no action in relation to these is required by Jobcentre Plus staff and local authority services.	
J	Where Districts’ work with more than one local authority, they must sign a separate MoU with each local authority. This is to ensure you have an agreement in place to cover every location.	
K	Please do not amend the wording on the template. This has been through extensive consultation with Information, Governance and Security Directorate and Legal colleagues.	
L	This MoU does not create legal relations between the Parties and is not intended to be legally binding.  The Parties will observe all the obligations set out in this MoU.	
M	The Parties have entered into this MoU for the purposes of the Seventh Data Principle set out in Schedule 1 to the Data Protection Act 1998. (Personal Information must be secure).	
	Legal Basis	
N	Section 72 of the Welfare, Reform and Pensions Act 1999 together with the  Social Security (Claims and Information) Regulations 1999 as amended by The Social Security (Claims and Information) (Amendment) Regulations 2010, allows relevant employment and training information to be shared between the parties in order to assist Claimants with employment and training needs without obtaining consent.	
O	In particular, paragraph 13 of these regulations states that a relevant authority (which includes DWP and local authorities and those providing services to local authorities)which holds employment or training information about a person (’P’) may supply that information to another relevant authority for use in connection with the provision to P (pursuant to arrangements made by the Secretary of State) of advice, support and assistance which P may need in order to acquire or enhance P's skills and qualifications with a view to improving P's prospects of finding and retaining employment.	
P	In addition, A relevant authority which holds social security information, or information relating to employment or training, may supply that information to any other relevant authority for the purposes of research, monitoring or evaluation in so far as it relates purposes specified in the regulations.	

1.	Definitions and Interpretation
1.1	Terminology
Claimants	means:
•	for Jobseeker’s Allowance, claimants as defined by section 35(1) of the Jobseekers Act 1995; 
•	for Income Support, persons entitled to Income Support under section 124(1) of the Social Security Contributions and Benefits Act 1992;
•	for Employment and Support Allowance, claimants as defined by section 24(1) of the Welfare Reform Act 2007;
•	for Universal Credit, persons entitled to Universal Credit under Part 1 of the Welfare Reform Act 2012;
and who are aged between 16 and 19 years inclusive. 	
Social security information	means information relating to social security, child support or war pensions; 	
Data Controller	has the meaning set out in the Data Protection Act 1998.	
Data Processor	has the meaning set out in the Data Protection Act 1998.	
Data Protection Legislation	means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable: the guidance and codes of practice issued by the Information Commissioner; Article 8 of the European Convention of Human Rights and the common law duty of confidentiality 	
EIR	means the Environmental Information Regulations 2004 together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such regulations.	
FoIA	means the Freedom of Information Act 2000 and any subordinate legislation made under this Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner or relevant Government Department in relation to such legislation.	
Law	means any applicable law, statute, bye-law, regulation, order, regulatory policy, guidance or industry code, rule of court or directives or requirements of any Regulatory Body, delegated or subordinate legislation or notice of any Regulatory Body.	
Local authority	would include any body to which the local authority has commissioned services to support young people under S68 of the 2008 Education and Skills Act.	
Request for Information	means a request for information made or that is treated as made under the Freedom of Information Act 2000.	
Working Day	means a day (other than a Saturday or Sunday) on which banks are open for general business in the City of London.	

1.2	In this MoU:
•	the masculine includes the feminine and neuter;
•	person means a natural person;
•	the singular includes the plural and vice versa.	
1.3	A reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent statute, enactment, order, regulation or instrument or as contained in any subsequent re-enactment thereof.	
1.4	Headings are included in this MoU for ease of reference only and shall not affect the interpretation or construction of this MoU.	
1.5	References in this MoU to Recitals, Clauses, Parts, Sub-clauses, Annexes and Appendices are, unless otherwise provided, references to the recitals, clauses, parts, sub-clauses, annexes and appendices of this MoU.	
1.6	In the event and to the extent only of any conflict or inconsistency between the provisions of: 
•	the Clauses and the provisions of the appendices or annexes, the provisions of the Clauses shall prevail; and/or
•	this MoU and the provisions of any document referred to or referenced herein, the provisions of this MoU shall prevail.	

2.	Data Protection	
2.1	For the purposes of this MoU:
•	the DWP is Data Controller of the social security and employment and training information that it holds; the local authority is the data controller of the data it receives and passes to the local authority provider
•	the local authority Provider is the Data Controller of the employment and training information that it generates and/ or holds. 	
2.2	The Parties shall ensure that any system on which it holds data, including any back-up data, is a secure system that complies with HM Government’s Security Policy Framework.  The Parties will ensure that any personal data exchanged between them is held securely and confidentially.	
2.3	The Parties shall process personal data in compliance with the Mandatory Minimum Measures issued by HM Cabinet Office, a copy of which is available on HM Cabinet Office website.	
2.4	The Parties shall comply at all times with the Data Protection Legislation and shall not perform their obligations under this MoU in such a way as to cause any of the other Parties to breach any of their applicable obligations under the Data Protection Legislation.  Each Party shall have in place a ‘data retention and destruction policy’ which complies with the provisions of the Data Protection Act 1998.	
2.5	Personal data can only be exchanged where this is permitted by the Social Security (Claims and Information) Regulations 1999 as amended by The Social Security (Claims and Information) (Amendment) Regulations 2010.	
2.6	Data sharing shall take place according to the process outlined in Annex A.	
2.7	The Parties will take reasonable steps to ensure that they provide only relevant and accurate employment and training information pertinent to each Claimant in order to assist Claimants with their education, employment and training needs.	
2.8	The Parties agree that complaints by Claimants or data subject access requests by Claimants shall be dealt with by the Parties in the following manner:
•	Claimants may complain to either of the Parties, and the Parties will agree between them who is the most appropriate body to investigate and answer the complaint;
•	The complaints procedure of which ever of the Parties investigates the complaint shall be used; and
•	The Parties must comply with relevant timescales as set out in the Data Protection Act 1998.	

3.	The Local Authority Obligations
3.1	The local authority will:
•	store such information in a secure part of their computer systems; 
•	have their own databases that they use to store such information; 
•	have their own policies and procedures to ensure that the data is held securely; 
•	limit access to named individuals; and 
•	not retain such information for any longer than is necessary. 	

4.	Freedom of Information
4.1	The Parties acknowledge that they are respectively subject to the requirements of the EIR and FoIA and shall assist and co-operate with each other to enable each other to comply with their information disclosure obligations.	
4.2	The local authority acknowledges that (notwithstanding the provisions of this clause 4.3) the DWP may, acting in accordance with the Secretary of State for Constitutional Affairs Code of Practice on the Discharge of Functions of Public Authorities under Part 1 of the FoIA be obliged under FoIA or EIR to disclose information concerning the MoU in certain circumstances:
•	without consulting the local authority, or
•	following consultation with the local authority having taken their views into account;
provided always that where clause 4.2 applies the DWP shall, in accordance with any recommendations in the Code, take reasonable steps, where appropriate, to give advance notice, or failing that, to draw the disclosure to the local authority attention after any such disclosure.	
4.3	The local authority shall ensure that all information relevant to this MoU is retained for disclosure and shall permit the DWP to inspect such records as requested from time to time.	

5.	Representatives
5.1	The Parties will each appoint a representative to be the primary point of contact in all matters relating to this MoU.	
	For the Department for Work and Pensions	
	Name:		
	Title:		
	Address: 		
	Telephone: 		
	E-mail: 		
	For the local authority	
	Name:		
	Title:		
	Address: 		
	Telephone: 		
	E-mail: 		

7.	Statutory Compliance	
7.1	The Parties shall comply with all relevant legislation, regulations, orders, statutory instruments and any amendments or re-enactments thereof, and in particular the DWP shall, and shall ensure that its employees shall, comply with section 123 of the Social Security Administration Act 1992	

8.	Publicity	
8.1	Without prejudice to the Parties’ obligations under the Freedom of Information Act 2000, neither Party shall make any press announcement or publicise the MoU or any part thereof in any way, except with the written consent of the other Party.	

9.	Dispute Resolution	
9.1	The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with this MoU within 20 working days (any day of the week from Monday to Friday inclusive save bank holidays in the United Kingdom) of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the Group Customer Service Director for DWP Operations.	
9.2	In the event of a breach of clause 9.1 above by a Party the other Party may terminate this MoU with immediate effect.	

AS WITNESS of which the Parties have set their hands on the day and year first above written
SIGNED for and on behalf of
	The Secretary of State for Work and Pensions	
	Name:		
	Title:		
	Date: 		
	For the local authority		
	Name:		
	Title:		
	Date: 		

Annex A
Process map 

Annex B
Local Transfer of Data
The table shows the flow of information that can be shared by DWP to local authority/ local authority providers in England
For Young People 18-19 years old and people up to 25 years with a learning difficulty or disability.
Data Field 	Definition 	
Mr/Mrs/Miss/Ms/Other (please specify) 	Title	
First Name	Customer name	
Last Name 	Customer name	
Date of birth 	Customer date of birth (day/month/year )	
Main Address 
Correspondence Address	Address	
Postcode/s	Postcode	
Contact Telephone Number (Home)	Customer Home Telephone Number	
Contact Telephone Number (Mobile)	Customer Mobile Telephone Number	
E-mail (where available)	Customer E-mail address 	
In receipt of benefit	Yes/No	
Work Programme Participant	Yes/No	
Lone Parent	Yes/No