Adult Services - Adult Mental Health Social Care

In order to comply with the UK General Data Protection Regulation (UK GDPR), where personal data relating to a data subject is collected, Lancashire County Council would like to provide you with the following details.

Identity and contact details of the data controller

  • Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Contact details of the data protection officer

  • Our Data Protection Officer is Paul Bond. You can contact him at dpo@lancashire.gov.uk or Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Purposes for processing

Adult Mental Health Social Care provides assessments and support to people with mental health needs and conditions which include Depression, Schizophrenia, Bipolar Affective Disorder, severe Anxiety, Obsessive Compulsive Disorder and Personality Disorders.

The social care support needs of people are assessed under The Care Act 2014 to determine eligibility, risks and needs.  Assessment under the Care Act are also undertaken for those who provide care to family members, friends or neighbours.

Following assessment support may include direct help from a Social Worker or Support Time Recovery Worker or the providing of a package of care through a personal budget for support in a person's home or through accommodation arranged by Lancashire County Council.

Assessments under both The Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) are carried out where appropriate. Lancashire County Council works in accordance with the Human Rights Act 1998 to provide the least restrictive care possible and to respect the privacy of people we support.

We work in partnership with Lancashire Care NHS Foundation Trust to ensure that health needs are met. We work closely to facilitate the appropriate and timely discharge of people from hospital to their home or alternative accommodation where needed. We provide Care Coordination for some people to ensure that plans for care are delivered successfully.

Where there is consent from a person receiving support information may be shared with family members.

Safeguarding Enquiries are undertaken with the aim of protecting vulnerable people in Lancashire in cooperation with appropriate agencies such as the police, hospitals, nursing homes and care agencies.

An Approved Mental Health Professional (AMHP) will be asked to certify a person's eligibility for the Breathing Space Mental Health Crisis Moratorium debt respite scheme. The AMHP will rely on the person's consent or if the person lacks capacity to consent, may proceed in the person's best interest under section 4 of the Mental Capacity Act 2005, relying on the legal basis of ' public task' (see below).    

Category of personal data being processed

  1. Personal data (information relating to a living, identifiable individual)
  2. Special category personal data (racial, ethnic origin, political opinions, religious or philosophical beliefs, 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)

Legal basis for processing personal data

The legal basis for processing your personal data, in accordance with the UK GDPR is:

(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.

(c) Legal Obligation: the processing is necessary for you to comply with the law. You must reference the applicable legislation if you wish to rely on this basis for processing.

(e) Public Task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law. You must reference the applicable task/function and its' basis in law if you wish to rely on this basis for processing.

Legal basis for processing special categories of personal data

The legal basis for processing your special categories of personal data, in accordance with the UK GDPR is:

(a) The data subject has given explicit consent to the processing of this personal data.

(h) 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.

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

Mental Health Act 1983 (amended 2007) – Section 13 places an obligation on the local social services authority to arrange for an Approved Mental Health Professional (AMHP) to consider the case of a person in their area where there is reason to think an application for admission to hospital or Guardianship may need to be made.  

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 – Section 29 stipulates the necessary information that must be provided by an Approved Mental Health Professional (AMHP) in certifying a person's eligibility and completing an application for the scheme.

Recipients of the data

  • Lancashire Care Foundation Trust
  • Lancashire Constabulary
  • Lancashire Fire and Rescue
  • Lancashire Victim Support
  • Lancashire Probation Service
  • Her Majesty's Prison Service
  • North West Ambulance Service
  • Children and Adolescent Mental Health Service
  • The Cumbria and Lancashire Community Rehabilitation Company Limited
  • Blackpool Teaching Hospitals NHS Foundation Trust
  • Lancashire Teaching Hospitals NHS Foundation Trust
  • NHS East Lancashire Clinical Commissioning Group
  • NHS Chorley and South Ribble Clinical Commissioning Group
  • NHS Fylde and Wyre Clinical Commissioning Group
  • NHS Greater Preston Clinical Commissioning Group
  • NHS West Lancashire Clinical Commissioning Group
  • NHS Morecambe Bay Clinical Commissioning Group
  • NHS Midlands and Lancashire Clinical Support Group
  • East Lancashire Hospitals NHS Trust
  • Care Quality Commission
  • Section 12 Solutions (digital technology solutions supporting AMHPs in the performance of statutory duties under the Mental Health Act 1983)
  • Mental Health & Money Advice UK (Organisation involved in the administration of Breathing Space Mental HealthCrisis Moratorium)

Information we share

Adult Mental Health are part of Adult Social Care Services and collect and hold 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 and under regulation to hold some information about people.

This includes

People supported information

  • Name
  • Date of birth/age
  • Contact number/s
  • Email address/s
  • Address
  • Next of kin details
  • Ethnicity and religion
  • Other agency involvement
  • Health and safety information, risk assessments and accident/incident forms
  • Health conditions and medications
  • Care records including support plans and daily records
  • Specific information about debt and creditors (re Breathing SpaceMental Health Crisis Moratorium only)

Next of kin information

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

The Care Act 2014 focuses on the wellbeing of the individual and explores a range of social care areas to determine eligibility and need. Where appropriate we may be provided with information from partner agencies such as General Practitioners, Lancashire Care Foundation Trust or other NHS Trusts, Police, ambulance services, Children's Services Local Councils and voluntary agencies.

Information is recorded on Lancashire County Council's social care database when individuals are receiving support from social care staff as well as for the purpose of the Care Act and any subsequent commissioning of social care services.

We currently also record information on The Lancashire Care Foundation Trust computer system for the purpose of the Care Programme Approach where joint working benefits the  individual who is receiving care from both organisations.

As part of Lancashire County Council's duty to protect members of the public, information is also recorded about an individual's risks to self and others.

Some information is temporarily stored in secure drive locations on the County Council's computer network. The network locations are accessible only to those staff directly involved in the processing of this data for the following specific purposes:

  • Statutory Mental Health Act documentation downloaded from the Section 12 Solutions digital app.
  • Breathing Space Mental Health Crisis Moratorium referral information.

Once the specific processing purposes are completed the information is manually deleted from the secure drive location.

Any transfers to another country

  • No

Retention periods

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  Security Retention period
email emails held in Outlook that haven't been exported or moved elsewhere. encrypted used when emailing personal data to partners. 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
  • Financial profiles and records of financial transactions and expenditure and DWP information
  • Correspondence relating to day to day living, such as hospital appointments and tenancy related matters
Held on a secure server. Destroy 3 years after death of service user or after case has been fully closed.

Your rights

You have certain rights under the UK General Data Protection Regulation (UK GDPR), these are the right:

  • to be informed via Privacy Notices such as this.
  • to withdraw your consent. If we are relying on your consent to process your data then you can remove this at any point.
  • of access to any personal information the council holds about yourself. To request a copy of this information you must make a subject access request in writing. You are entitled to receive a copy of your personal data within 1 calendar month of our receipt of your subject access request. If your request is complex then we can extend this period by a further two months, if we need to do this we will contact you. You can request a subject access request, either via a letter or via an email to Information Governance Team, address below.
  • of rectification, we must correct inaccurate or incomplete data within one month.
  • to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information.
  • to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future.
  • to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked.
  • to object. You can object to your personal data being used for profiling, direct marketing or research purposes.
  • in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to exercise any of these rights then you can do so by contacting:

Information Governance Team
Lancashire County Council
PO Box 78
County Hall
Preston
PR1 8XJ 

Or email: dpo@lancashire.gov.uk

To ensure that we can deal with your request as efficiently as possible you will need to include your current name and address, proof of identity (a copy of your driving licence, passport or two different utility bills that display your name and address), as much detail as possible regarding your request so that we can identify any information we may hold about you, this may include your previous name and address, date of birth and what council service you were involved with.

Further information

If you would like more information about this specific service then please contact julia.allen@lancashire.gov.uk.

For more information about how we use personal information see Lancashire County Council's full privacy notice.

If you wish to raise a complaint on how we have handled your personal data, you can contact the Information Governance team who will investigate the matter.

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ or email: dataprotection@lancashire.gov.uk

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO)