Adult Social Care statutory services privacy notice
Please read our general privacy notice as well as this notice.
What we do
Adult Social Care – Services are responsible for providing Statutory Services which includes commissioning of services and the following:
- safeguarding Adults focus on responding to concerns raised with the Council regarding adults who may be unable to protect themselves from abuse or harm due to the nature of their care and support needs. Practitioners aim to support people to keep safe and prevent harm or abuse from occurring or reoccurring
- services which manage the Deprivation of Liberty work with adults who lack capacity to consent to care and treatment and are placed in residential care or in hospital and are deprived of their liberty due to the nature of care and/or treatment they are receiving. Practitioners determine whether this deprivation is proportionate and necessary to ensure the person is protected from unnecessary restrictions to their freedom of movement
- approved Mental Health Professionals are practitioners who have specialist skills and act on behalf of the Council to carry out assessments under the Mental Health Act 1983 (2007), to determine whether people need to be admitted to hospital due to their mental health needs.
The purposes we use your personal information for
We collect and process your personal information to provide these services to you. We will collect enough personal information in order to provide you with services for the following purposes:
- to establish if an adult is in need of support to keep themselves safe and prevent harm or abuse
- to establish if a person is deprived of their liberty and if so, whether this is both proportionate and in their best interests
- to establish if a person requires admission to hospital for treatment of their mental health needs
- to support adults in managing their addiction and recovery plan
- to plan and commission services.
The personal information we collect and use
We only obtain and use the information we need to provide our services to you. We also obtain and use special category information.
The law we use to process your personal information
The main legislation that provides us with the statutory basis to deliver our services is:
- Community Care Act 1990
- Care Act 2014
- Mental Health Act 1983
- Mental Capacity Act 2005.
The GDPR/DPA conditions we meet
General Data Protection Regulation (GDPR) 2018
Article 6 – Lawfulness of Processing:
- a) processing is necessary for compliance with a legal obligation to which the controller is subject
- b) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Special category personal information
We also use these additional conditions to process your special category personal information:
Article 9 – Special Categories of Personal Data
- a) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3
- Paragraph 3: Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.
Who we may share your information with
We use a range of organisations to either store personal information or to help deliver our services to you. Sometimes we have a legal duty to provide your personal information to other organisations, for example the court service or HMRC.
We may also share your personal information with organisations:
- Safeguarding Adults Board
- Safeguarding Adults Review Sub-Group
- Health Professionals
- General Practitioners
- District Nurses
- NHS Clinical Commissioning Groups
- NHS Community Trusts
- Independent agencies providing care and support
- South West Ambulance Service
- Dorset and Wiltshire Fire and Rescue Service
- Housing Associations
- Department for Work and Pensions
- Financial services for benefit advice and financial assessments
- Volunteer services (food bank)
- Advocacy services
- Mental health services
- Other BCP Council Departments
- Other Local Authorities
- Court of Protection
- Office of the Public Guardian
- Support and advice services
- Local Government Ombudsman
- In instances of complaint, we may share information with independent complaint investigators.
Your information will not be disclosed to any other organisations, except where we are required and allowed to by law.
We may seek your consent if we are able to offer additional services which we believe are of benefit to you. This will be clearly communicated to you. We will only share your details with these organisations if we have your consent.
How long we keep information about you
We will retain this information for 8 years as stated in our Retention Schedule and in accordance with the relevant legislation, such as the Data Protection Act (DPA) 2018.
Caldicott Guardian, Adult Social Care Services
A Caldicott Guardian is a senior person responsible for protecting the confidentiality of people’s health and care information.
The Caldicott Guardian for Adult Social Care Services is Betty Butlin, Service Director Quality and Commissioning.