Adult Services - Learning Disabilities and Autism Service

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

The Learning Disabilities and Autism Service processes personal information in order to carry out basic administration and delivery of adult social care and support services in community and residential/health care settings either directly or jointly with partners, and commissioned private and 3rd sector providers.

Our service undertakes the following functions:

  • Respond to referrals made to Learning Disability and Autism service. 
  • Screen, gather information, redirect and provide advice, information and guidance where appropriate.
  • Undertake social care assessments in line with the Care Act 2014 and provide services which are person centred, planned and well-coordinated.
  • Identify the needs of people and their desired outcomes, to promote and maximise independence to enable people to live in their community. 
  • Support individuals to reduce risk, maximise independence and to stay safe and be protected from harm.
  • Support people to gain equitable access to good care and support from social care provision and mainstream NHS services.

We process your personal data for:

  • Assessing the physical and mental health, learning and behavioural, financial social care needs, as appropriate, of vulnerable adults and/or their carers/designated representative/holders of Power of Attorney/Court Appointed Deputies, requiring social care packages
  • Enabling the provision of a range of personalised adult social care packages
  • Maintaining our own accounts and records
  • Supporting and managing our employees
  • Awarding and managing contracts with social care providers as commissioned by us and to ensuring the quality of care to our customers
  • Shaping the current and future social care provider market by consulting with customers and/or their carers/representatives
  • Providing “signposting” services for some adult social care-related advice and guidance
  • Providing a complaints service if things go wrong
  • Safeguarding vulnerable adults
  • For the prevention of crime
  • Compliance with regulatory/inspection regimes (e.g. Ofsted and Care Quality Commission), including providing anonymised statistics

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:

For service user information:

(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.

For carer information:

(b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.

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:

For service user and carer information:

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

(b) Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law

(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:

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

The Care Act 2014 – Section 45 - Safeguarding Adults Board Supply of Information

Recipients of the data

  • Police and probation service
  • Department of Health
  • Health Services – GPs, Dental Practices, Opticians, Ambulance Services, Hospitals, (NHS) Partnership Trust, Clinical Commissioning Groups (CCGs), Commissioning Support Unit (CSU)
  • Regulatory inspection regimes – Care Quality Commission, Ofsted
  • Statistical, anonymised data is shared with NHS Digital and Lancashire County Council
  • Schools/colleges
  • Housing Agencies and providers
  • District and borough councils
  • Commissioned Advocacy & Appointeeship providers
  • Care Home and other social care providers
  • Utility companies
  • Representatives who act on your behalf should you lack the capacity to make decisions regarding your care.  Including but not limited to:
  • Independent Mental Capacity Advocate (IMCA);
  • Those with Lasting Power of Attorney
  • Court Appointed Deputy
  • Nominated representative/nearest family member
  • Other family members who have an interest in your mental health and care
  • Court of Protection
  • Office of the Public Guardian
  • Department for Work and Pensions (DWP)
  • Home Office
  • HMRC
  • Banks and building societies
  • Credit reference agencies
  • Adult Safeguarding Board
  • Appropriate adult/children’s social care team(s)

Information we share

The services process personal information, which is relevant to individual cases but may include some but is not limited to:

  • Personal details – e.g. name / age / address / and family details
  • Contact information – e.g. telephone numbers / email address
  • Personal Reference Numbers – e.g. Social Care unique customer reference number / National Insurance Number / NHS number
  • Employment details
  • Financial details – for funding assessment purposes
  • Lifestyle and social circumstances
  • Opinions and decisions
  • Records of complaints
  • Safeguarding reports
  • Student and pupil records
  • Visual images, personal appearance and behaviour

We may also process some special category (sensitive) information, which is relevant to individual cases but may include some but is not limited to:

  • Biometric information
  • Physical or mental health details
  • Racial or ethnic origin
  • Religious or other beliefs
  • Offences (including alleged offences), criminal proceedings, outcomes and sentences
  • Sexual orientation

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
Case file Records about you, which may include:- Assessment records, including carers assessment, Case notes Risk Assessments Support Plans Individual reviews, finance review information Other correspondence such as medication information, safeguarding concerns, letters from DWP etc. Held in LAS,  a secure data system 3 years from the death of the service user or the case is closed, services no longer provided.
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.

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 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 The Adult Social Care Team on 0300 123 6720.

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)