The purpose of processing
We process your personal data in order to provide statutory Adult Social Care services.
The services covered by this privacy notice include (but are not limited to):
Adult Social Care service
Assess your care needs and arrange the social care support services that you require to meet your eligible needs.
Brokerage
Identify best available service provision to meet needs for the individual and liaise with social worker to confirm care arrangements.
Commissioning
Designs and shapes the support and services that are available for people who require social care support.
Complex (Learning disability and Autism) service
Provides social care support to adults who have complex adult social care needs/behaviours.
First Response service
Assesses and provides social care support to adults who are not currently receiving a social care service.
Reablement
Data on reablement provision is captured so that the council can make the necessary government returns.
Quality Assurance and Safeguarding service
Ensures the quality our services are maintained and supports investigations into safeguarding concerns.
The services covered by this privacy notice include (but are not limited to):
Adult Social Care service
Assess your care needs and arrange the social care support services that you require to meet your eligible needs.
Brokerage
Identify best available service provision to meet needs for the individual and liaise with social worker to confirm care arrangements.
Commissioning
Designs and shapes the support and services that are available for people who require social care support.
Complex (Learning disability and Autism) service
Provides social care support to adults who have complex adult social care needs/behaviours.
First Response service
Assesses and provides social care support to adults who are not currently receiving a social care service.
Reablement
Data on reablement provision is captured so that the council can make the necessary government returns.
Quality Assurance and Safeguarding service
Ensures the quality our services are maintained and supports investigations into safeguarding concerns.
Data subjects
People who have requested and/or received, and/or care for someone who has received local authority-funded social care.
This may include children with Direct Payments or in the process of transitioning to Adults from Children’s Services.
Information may be held on self-funders who use our brokerage services or who are nearing their financial threshold.
This may include children with Direct Payments or in the process of transitioning to Adults from Children’s Services.
Information may be held on self-funders who use our brokerage services or who are nearing their financial threshold.
Personal data
We will collect and use the minimum personal information required to deliver your service and to complete Government statutory returns. Wherever possible we use non-identifiable personal information.
The personal information can include:
• name and contact details
• date of birth
• social Care ID
• NHS number
• national insurance number
• family details
• lifestyle and social circumstances
• financial details
• housing needs
• visual images, personal appearance and behaviour
• case file information
• criminal proceedings, outcomes and sentences
• physical or mental health details
• racial or ethnic origin
• offences (including alleged offences)
• religious or other beliefs of a similar nature
• social care support outcomes
• advocacy details.
The personal information can include:
• name and contact details
• date of birth
• social Care ID
• NHS number
• national insurance number
• family details
• lifestyle and social circumstances
• financial details
• housing needs
• visual images, personal appearance and behaviour
• case file information
• criminal proceedings, outcomes and sentences
• physical or mental health details
• racial or ethnic origin
• offences (including alleged offences)
• religious or other beliefs of a similar nature
• social care support outcomes
• advocacy details.
How is it used?
We process personal data to provide social care assessments and support services and information to adults who have, or may develop, care and support needs as a result of a physical or mental impairment or illness.
This is in line with our responsibilities under the Care Act 2014 and the Care and Support (Eligibility Criteria) Regulations 2015 and includes the carers of adults with support needs.
We process data to investigate reported concerns about wellbeing and safeguarding vulnerable adults.
We'll only share your information under specific circumstances with:
• third party organisations who provide you with a service on our behalf. Our contracts require them to treat your personal information with the same care that we do.
• partner organisations such as the NHS, locally and nationally; Government departments and agencies including DWP; HMRC, DfE; EFSA and Ofsted where it will improve the service or enable statutory checks to assist with payment of grants, deduction of tax and other funding decisions. In most cases we work with these partners to enable us to complete tasks in the public interest and where both partners have a statutory responsibility. Where this is not the case we will seek your consent to share.
• other organisations such as the police if we think there's a serious risk to you, your family or someone working with them.
We process data to understand the quality and performance of our services and the experience of adults using our services. This helps us identify what we are doing well and where we need to improve and develop as a service to meet future needs and our duties under the Care Act.
We do not identify any individual when we write reports and recommendations. Sometimes central government asks for some of these reports. Where we are inspected by external bodies such as the Care Quality Commission, we sometimes make records available to them. This is so they can assess how well we are performing.
The vast majority of the adults social care information is provided to us by the person concerned or by others required to do so in the performance of a statutory duty.
We use your information for one or more of the following reasons:
• deliver the service, or handle your query
• to plan and improve the services we offer
• to safeguard vulnerable adults
• to detect and prevent crime or fraud
• for research, however this would be in anonymised form unless we ask for your consent to use your personal information for this purpose
• to evidence positive outcomes to central government funding agencies
This is in line with our responsibilities under the Care Act 2014 and the Care and Support (Eligibility Criteria) Regulations 2015 and includes the carers of adults with support needs.
We process data to investigate reported concerns about wellbeing and safeguarding vulnerable adults.
We'll only share your information under specific circumstances with:
• third party organisations who provide you with a service on our behalf. Our contracts require them to treat your personal information with the same care that we do.
• partner organisations such as the NHS, locally and nationally; Government departments and agencies including DWP; HMRC, DfE; EFSA and Ofsted where it will improve the service or enable statutory checks to assist with payment of grants, deduction of tax and other funding decisions. In most cases we work with these partners to enable us to complete tasks in the public interest and where both partners have a statutory responsibility. Where this is not the case we will seek your consent to share.
• other organisations such as the police if we think there's a serious risk to you, your family or someone working with them.
We process data to understand the quality and performance of our services and the experience of adults using our services. This helps us identify what we are doing well and where we need to improve and develop as a service to meet future needs and our duties under the Care Act.
We do not identify any individual when we write reports and recommendations. Sometimes central government asks for some of these reports. Where we are inspected by external bodies such as the Care Quality Commission, we sometimes make records available to them. This is so they can assess how well we are performing.
The vast majority of the adults social care information is provided to us by the person concerned or by others required to do so in the performance of a statutory duty.
We use your information for one or more of the following reasons:
• deliver the service, or handle your query
• to plan and improve the services we offer
• to safeguard vulnerable adults
• to detect and prevent crime or fraud
• for research, however this would be in anonymised form unless we ask for your consent to use your personal information for this purpose
• to evidence positive outcomes to central government funding agencies
Profiling and automated decision making
Not applicable
Legal basis for using your data
GDPR condition relied upon for processing personal data:
Article 6.1 e - Exercise of official authority
Care Act 2014
Carers (Recognition and Services) Act 1995
Carers and Disabled Children Act (2000)
Care Standards Act 2000
Community Care (Direct Payments) Act 1996
Court of Protection Rules 1994
Disabled Persons (Service Consultation and Representation) Act 1986
Domestic Violence Crime and Victims Act 2004
Enduring Power of Attorney Act 1985
Equalities Act 2010
Health Act 1999
Health and Social Care Act 2001
Health and Safety at Work Act 1974
Health and Social care Act 2012, 2014 and 1983
Health Service and Public Health Act 1968
Housing Act 1985, 1996 and 2004
Local Government Act 1972
Localism Act 2011
Local Authority Social Services Act 1970
Mental Capacity Act 2005
Mental Health Act 1983
National Health Service and Community Care Act 1990
NHS Act 2006
Public Health Act 1936 and Public Health Act 1961
Safeguarding Vulnerable Groups Act 2006
Carers (Recognition and Services) Act 1995
Carers and Disabled Children Act (2000)
Care Standards Act 2000
Community Care (Direct Payments) Act 1996
Court of Protection Rules 1994
Disabled Persons (Service Consultation and Representation) Act 1986
Domestic Violence Crime and Victims Act 2004
Enduring Power of Attorney Act 1985
Equalities Act 2010
Health Act 1999
Health and Social Care Act 2001
Health and Safety at Work Act 1974
Health and Social care Act 2012, 2014 and 1983
Health Service and Public Health Act 1968
Housing Act 1985, 1996 and 2004
Local Government Act 1972
Localism Act 2011
Local Authority Social Services Act 1970
Mental Capacity Act 2005
Mental Health Act 1983
National Health Service and Community Care Act 1990
NHS Act 2006
Public Health Act 1936 and Public Health Act 1961
Safeguarding Vulnerable Groups Act 2006
GDPR condition relied upon for processing special category data
Article 9.2 h - Provision of health or social care
Sharing of personal data with external recipients
We use the NHS Number in an integrated care record system across a number of support services including:
• GPs
• hospitals
• community matrons
• district nurses
• social care practitioners
Legislation and statutory guidance place a duty on us to work closely with Health colleagues to ensure the best level of care is delivered to our citizens.
We'll also share data with providers of health services where it's appropriate for your care.
Where they are funding your care, we may also be required to share some data with the relevant Integrated Care Board (ICB).
• GPs
• hospitals
• community matrons
• district nurses
• social care practitioners
Legislation and statutory guidance place a duty on us to work closely with Health colleagues to ensure the best level of care is delivered to our citizens.
We'll also share data with providers of health services where it's appropriate for your care.
Where they are funding your care, we may also be required to share some data with the relevant Integrated Care Board (ICB).
How long is the personal data retained by the Council?
How long we hold your data depends on the type of support you receive from us. The Council will only retain and store your data for as long as it is needed for the purpose for which it was collected, or as required by the law, or as dictated by best practice as recommended by the Information and Records Management Society (IRMS), Local Government Association:
https://retention.esd.org.uk/guidance; and following the ICO recommendation that all public authorities should be aware of the Secretary of State’s Code of Practice on records management issued under section 46 of the FOIA (“the code”).
Adult Social Care retention varies depending on the case, but most cases are retained for 8 years after the case is closed.
https://retention.esd.org.uk/guidance; and following the ICO recommendation that all public authorities should be aware of the Secretary of State’s Code of Practice on records management issued under section 46 of the FOIA (“the code”).
Adult Social Care retention varies depending on the case, but most cases are retained for 8 years after the case is closed.