Adult Disability Short Breaks Service – privacy notice

The Short Breaks Service is provided by Lancashire County Council Adult Disability Service. There are eight short break services across Lancashire, providing 24 hour support 7 days per week throughout the year.

Short Break Services support people with disabilities in a home environment to enable unpaid family carers to take a break from their caring role. The accommodation is modern, fully equipped and has been specifically designed for safe and easy use

The service is registered with and inspected by the Care Quality Commission. The Service currently supports approximately 400 people across all districts of Lancashire.

Support is delivered by a team of staff, including a Registered Manager, Team Managers and Community Support Workers. The level of support provided is determined according to assessed needs and includes areas such as

  • Tasks associated with daily living i.e. personal care
  • Promoting independence and wellbeing
  • Supporting good health
  • Participating in the community.

Partners of Adult Disability Short Breaks Service

  • Independent sector care and support providers
  • Health professionals
  • Care Quality Commission

Information we collect and process

The Short Breaks Service collects and holds information about the people who are supported by the service.  Our aim is only to hold information to help us give people the right support at the right time. However we are also required by law to hold some information about people we support.

This includes

People supported information:

  • Name
  • Date of birth/age
  • Contact number/s
  • Email address/s
  • Address
  • Ethnicity and religion
  • Next of kin contact details where relevant
  • Other agency involvement
  • Care records including support plans and daily diary sheets
  • Health and safety information, risk assessments and accident/incident forms
  • Health conditions and medications including professionals involved and appointment details
  • Records of financial transactions where a person requires staff support to manage money.

Next of kin information:

  • Name
  • Date of birth/age
  • Contact number/s
  • Email address/s
  • Address

Legal gateways being used to share information

As personal data is being collected and processed Short Breaks Services need to meet certain criteria under the General Data Protection Regulation (GDPR). The conditions used are dependent on why the data is collected.

General Data Protection Regulation

The condition for processing under the GDPR will be:

Article 6 – Personal Information

  1. Processing shall be lawful only if and to the extent that at least one of the following applies:
    (a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

Article 9 – Special Categories Information

Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.

(a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;

Supporting legislation

Care Act 2014 - Part 1, Assessing needs, section 9 Assessment of an adult's needs for care and support states that if it appears that an adult may have needs for care and support so the authority must assess.

Care Act 2014 - Part 1, Assessing needs, section 10 Assessment of a carer’s needs for support states a carer may have needs for support and the authority must access this.

Local Government Act 2000 - Section 2 gives the local authority the power to do anything they consider likely to achieve the promotion or improvement of the social wellbeing of their area.

Health and Social Care (Safety and Quality) Act 2015 – Chapter 28

251B Duty to share information

(1) This section applies in relation to information about an individual that is held by a relevant health or adult social care commissioner or provider (“the relevant person”).
(2) The relevant person must ensure that the information is disclosed to—
  (a) Persons working for the relevant person, and
  (b) Any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual, but this is subject to subsections (3) to (6).
(3) Subsection (2) applies only so far as the relevant person considers that the disclosure is—
  (a) Likely to facilitate the provision to the individual of health services or adult social care in England, and
  (b) In the individual’s best interests.
(4) The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply—
  (a) The individual objects, or would be likely to object, to the disclosure of the information;
  (b) The information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
  (c) For any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (2).
(5) This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—
  (a) Any provision made by or under the Data Protection Act 1998, or
  (b) A common law duty of care or confidence.
(6) This section does not require the relevant person to do anything which the relevant person is required to do under a common law duty of care (and, accordingly, any such requirement is to be treated as arising under that common law duty and not under this section).

How information is used

Information is collected and processed to:

Ensure people are safe and well

  • We need to ensure that we provide the right supports which are tailored to meet a person's individual needs
  • Make sure people are protected from harm.

Report on and improve the way we work

  • We need to monitor and evaluate what we do – this helps us plan better services for the future and compare ourselves with other similar services.
  • To demonstrate compliance to external bodies (CQC)

Personal and sensitive information

The Data Protection Act 2018 defines personal and sensitive information as.

Personal information is:

  • Information/Data which relates to a living, individual who can be identified from the data or other data/information that Lancashire County Council holds
  • This could be single elements or a combination e.g. names, addresses, occupation, date of birth etc.it could also include opinions about them and intentions towards them.

Sensitive Personal Information/Data is:

  • Physical or mental health, racial or ethnic origin, political opinions, trade union membership, sexual life, criminal allegations or record.

How long your information is stored for

Lancashire County Council will only store your information for as long as is legally required or in situations where there is no legal retention period they will follow established best practice.

File type Description Retention period
Email Emails held in Outlook that haven't been exported or moved elsewhere. 1 year from the date received and then automatically deleted.
Client records
  • Support Plans and reviews, medication and health records
  • Health and Safety information such as incident forms and risk assessments
  • Records of financial transactions where support in this area is part of a person's support plan.  
  • Copies of correspondence which may be shared with the service to inform their support or in the event of a long term placement where the person becomes resident.
Destroy 3 years after death of service user or after case has been closed.

Further information

If you would like more information concerning this arrangement then please contact julia.allen@lancashire.gov.uk

Lancashire County Council is a registered data controller with the Information Commissioner’s Office. You can search the register of data controllers (external link) to find out more about:

  • reasons/purposes for which we process information
  • type/classes of information we process
  • who we process information about
  • who we may share information with

Your rights

Lancashire County Council's full privacy notice contains further information about your rights under GDPR, how to make a compliment, comment or complaint and the council's Data Protection Officer. It also contains information about the Information Commissioner's Office.