Data Protection

General Data Protection Regulations Adult Social Care Privacy Notice

Who is the data Controller?

What is the data being used for?

Who will the data be shared with?

Full Privacy Notice

Appendix A: Adult care statutory duties creating a legitimate purpose for holding and processing personal data.

Who is the Data Controller?

Wiltshire Council is the data controller for the personal information you provide in this form. The Council’s Data Protection Officer can be contacted at dataprotection@wiltshire.gov.uk    Alternatively they can be contacted via:

Phone:                 0300 456 0100 (lines open 9am - 5pm Monday to Friday)

In Person:           County Hall, Wiltshire Council, Bythesea Road, Trowbridge

Monkton Park offices, Monkton Hill, Chippenham, Wiltshire SN15 1ER

Bourne Hill, Salisbury, Wiltshire, SP1 3UZ

Sheep Street, Devizes, Wiltshire, SN10 1DL

(Council offices are open Monday to Friday from 8.30am until 5.30pm {reception 9am - 5pm Monday to Friday}).

In Writing:          Wiltshire Council, Bythesea Road, Trowbridge, Wiltshire BA14 8JN

 

What is the data being used for?

Your information will be used to assess your care and support needs, to identify how your needs could be met, your eligibility to receive funded services and to establish the means of support where required and agreed. We will share your personal data where necessary within the Council and also with Health, Social Care and Third Sector Provider Partners where the aim is to provide you with an agreed Social Care Service. In addition to this, the Adult Social Care Service as part of Wiltshire Council has a Statutory Duty to provide anonymised generic information to Central Government and its associated partners in relation to the people it assesses and provides services to for statistical purposes. The Adult Social Care Service also has a Statutory Duty to sometimes share specific data with appropriate agencies in relation to any Adult or Child Safeguarding Concerns it becomes aware of. The collection, use and holding of information by the Adult Social Care Service is underpinned by various pieces of Statutory Legislation. A list of the specific Legislation is included in Appendix A.

Only information necessary to provide a specific part of your care will be shared with other parts of the Council or the other agencies involved. If you have specific information that you do not wish to be shared or an agency that you do not wish to receive your information please inform your allocated worker who will be able to discuss this and any implications with you. You need to be aware that your care and the service Wiltshire Council provides may need to be adapted and/or changed if you decide not to allow information to be shared.

The Adult Social Care Service as part of Wiltshire Council also uses data it collects in line with the Council’s corporate administration and all activities we are required to carry out as a data controller and public authority.

Your personal data may also be used for the prevention or detection of fraud or crime.

Who will the data be shared with?

We will share your personal data where necessary within the Council and also with Health, Social Care and Third Sector Provider Partners where the aim is to provide you with an agreed Social Care Service. Anonymised Generic Data is shared with Central Government and its associated partners in relation to national audits. The Adult Social Care Service as part of Wiltshire Council also uses data it collects in line with the Council’s corporate administration and all activities we are required to carry out as a data controller and public authority. The Adult Social Care Service also has a Statutory Duty to sometimes share specific data with appropriate agencies in relation to any Adult or Child Safeguarding Concerns it becomes aware of. Your personal data may also be used for the prevention or detection of fraud or crime.

We will not share your data with any other third parties unless we are required or permitted to do so by law.

Below is a demonstrative list of the type of individuals or organisations where when necessary and lawful, or when required by legal obligation, we may share information with. The list is for guidance only and is not comprehensive or exhaustive:

Customers

Family, associates or representatives of the person whose personal data we are processing

Health care professionals

Healthcare, Social and Welfare organisations

Providers of goods and services

Financial organisations

Service providers

Local and Central government

Ombudsman and Regulatory Authorities

Professional advisers and consultants

Courts and Tribunals

Housing associations and Landlords

Voluntary and charitable organisations

Data processors

Wiltshire Police

Other police forces, non-home office police forces

Professional Bodies

Partner agencies & approved organisations

Current past and prospective employers

Law enforcement & prosecuting authorities

Legal Representatives

Police complaints authority

The Disclosure & Barring Service

regulatory bodies

 

Link to a full Privacy Notice

For further information about how Wiltshire Council uses your personal data, including your rights as a data subject, please see our Privacy notice  (http://www.wiltshire.gov.uk/privacy).

Appendix A:

Adult care statutory duties creating a legitimate purpose for holding and processing personal data

(Please note that this is an overview of the main legislation underpinning the work of Wiltshire Council’s Adult Social Care Service. It is not intended to be a fully comprehensive list)

 

Statute

Part, Section or schedule

Commentary

Mental Health Act 1983

 

 

 

 

 

 

The Care Act 2014

Section 7

Section 13

Section 29

Section 114

Section 117

 

 

Section 75

Guardianship

Displacement of nearest relative

Duties of AMHPs in preparing MHA assessments

Aftercare planning for patients formerly detained under the MHA

Amendments to section 117 MHA in relation to aftercare

Mental Capacity Act 2005

Section 39

 

Section 49

Duty to provide advocacy services

Duty to provide reports as directed by the CoP

Mental Capacity Act 2005 as amended by Mental Health Act 2007

Section 4A, Schedule A1

 

 

 

 

 

 

 

Sections 39A-39D

 

 

Section 16(2)(a), CoP Practice Direction 10AA

Duties  under the Deprivation of Liberty Safeguards (“DoLS”) as supervisory body for incapacitated persons detained in care homes and CQC registered care settings in its area

Further duties to provide advocacy services to persons detained

Responsibility to make application for community DoL authorisation may extend to cases where the person detained is self-funding

The Local Authority Social Services and National Health

Service Complaints (England) Regulations 2009

Regulation 6

 

Regulation 9

 

Regulation 11

Duty to handle complaints in relation to its social services functions

Duty to co-operate where a complaint is made in relation to Health services

Duties in relation to social care provider complaints

NHS Act 2006 and Health and Social Care Act 2012

 

Contraceptive services (public health duty)

NHS Act 2006 and The NHS Continuing Healthcare (Responsibilities of Social Services Authorities) Directions 2013

Section 1

National Framework for NHS CHC and NHS funded nursing care

 

Duty of LSSAs to contribute to eligibility assessments for CHC

Children and Families Act 2014

Part 3

Duties of local authority to complete assessments and prepare EHC plans for children with SEN

Care Act 2014

Sections 9-13

 

Sections 14-17

 

Sections 18-20

 

Sections 25-30

 

Sections 34-36

 

Sections 37/8

 

Sections 39-41

 

Sections 42-45

 

Section 47

 

Sections 48/9

 

Sections 58-62

 

Sections 63/4

 

Sections 67/8

 

Section 81

Assessments of needs of adults and carers

Charging and financial assessments

Duties to meet eligible needs and powers to meet ineligible needs

Duty to prepare care and support plan and personal budget and review plans regularly

Duty to offer deferred payments and alternative financial arrangements

Duty to ensure continuity of care when adult with needs moves

Determination of ordinary residence and disputes between authorities

Safeguarding:

Duty of enquiry by Local Authority when certain criteria is met

Establish Safeguarding Adults Boards

The commissioning of Safeguarding Adult Reviews when certain criteria is met

Duty to safeguard an individual’s property

Managing provider failure

Duties in relation to young people transitioning from Children’s Services to Adult Care

Duties in relation to young carers needs for support

Duties in relation to advocacy support for adults

Duty of Candour on organisations to provide information when the person’s safety is affected during the course of being provided a service by their organisation

 Reviewed May 23rd 2018; Updated May 23rd 2018