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.
The Multi-Agency Safeguarding Hub (MASH) service was established in 2013 and is the single point of access in Lancashire for all safeguarding concerns across all service areas for adults with care and support needs aged 18 years and over. The MASH consists of representatives from the county council's adult safeguarding and children's social care departments working alongside the police, health, Lancashire fire and rescue, probation and other partners.
Social workers within the MASH service undertake an Initial statutory (Care Act 2014) Section 42 safeguarding enquiry on each safeguarding alert. This includes information gathering, risk assessing and analysis, decision making including strategy discussions and the development of a Safeguarding Plan in conjunction with the person and/or their representative/advocate and partners within MASH.
All decisions around the response to a safeguarding concern are made in conjunction with the individuals concerned, or their representative/advocate, and with partnership agencies where possible and appropriate.
The MASH service will only collect and process/use information for individuals
The legal basis for processing your personal data, in accordance with the UK GDPR is:
(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.
(d) Vital Interests: the processing is necessary to protect someone's life.
The legal basis for processing your special categories of personal data, in accordance with the UK GDPR is:
(g) Processing is necessary for reasons of substantial public interest.
(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.
The Care Act 2014 – The Act sets out a clear legal framework for how local authorities and their partners should protect adults at risk of abuse or neglect which relies heavily on the timely sharing of information in order to providing an effective response where there are emerging concerns.
Children Act 2004 - Sections 10 and 11 of the Children Act 2004 place obligations upon agencies including local authorities, police, clinical commissioning groups and NHS England to co-operate with other partners in promoting the welfare of children and ensuring that they act safeguard and promote the welfare of children in their area.
Children Act 1989 - For children and young people, the nature of the information that will be shared within the MASH may fall below a statutory threshold of Section 47 (children in need of protection) or even Section 17 (children in need of services).
Crime and Disorder Act 1998 - Provides a legal basis for sharing information with a relevant authority where the disclosure is necessary or expedient for the purposes of any provision of the Crime and Disorder Act 1998. Relevant authorities include: Police, Probation, Local Authorities, CCGs and certain NHS statutory bodies.
The Localism Act 2011 gives local authorities the power to do anything that individuals may generally do. Under section 1 of the Act local authorities have the power to do anything which they consider is for the benefit of the authority, its area or persons resident or present in its area.
Human Rights Act 1998 - Gives force to the European Convention on Human Rights and, amongst other things, places an obligation on public authorities to protect people’s “right to life” and “right to be free from torture or degrading treatment”. There needs to be a balance between the desire to share and a person’s right to privacy under “the right to respect for private and family life, home and correspondence”. The local authority cannot interfere with this right except such as is necessary in the interests of national security, public safety or for the prevention of disorder or crime, for the protection of health and wellbeing, or for the protection of the rights and freedoms of others.
The Mental Capacity Act 2005 - Under the Mental capacity Act 2005 staff are required to apply five principles in their assessments to decide whether to share information without consent in a person’s best interests. Under the Mental Capacity Act 2005 there would have to be good reasons not to undertake an assessment of mental capacity regarding the decision to share information without consent. These reasons would need to be documented carefully.
Counter-Terrorism and Security Act 2015 - The Counter Terrorism and Security Act 2015 places a duty on “specified authorities” to have “due regard to the need to prevent people from being drawn into terrorism”. Specified authorities include County and District/Borough Councils, Schools; Police; National Probation Service and Community Rehabilitation Companies; NHS Trusts and NHS Foundation Trusts.
The Care Act 2014 stipulates that safeguarding duties apply to an adult who;
MASH collects and holds information about people for whom this safeguarding duty applies. This information is only shared between MASH partner agencies where relevant and on a need to know basis and in response to allegations or likelihood of abuse and/or harm
This may include making referrals to various organisations to contribute to a safeguarding plan and/or as part of an assessment/review.
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|
|Children's Safeguarding / Child Protection Service User File||Case files relating to the safeguarding provisions put in place.||75 years from the date of birth.|
|Children who have had advice and support but did not lead to registration||(Non Statutory work)- this could include Initial Assessment up to S47 but were not made subject to a Child Protection Plan||20 years from closure|
|Schedule 1 Offenders||Records on persons cautioned or convicted of an offence under Schedule 1 of the Children and Young Persons Act 1933||100 years from the creation of the record|
|Children's Mental Health||Records of those Children who have been detained under Section 2 or 3 of the Mental Health Act 1983 or those with a 'severe and enduring mental illness'||20 years after no further treatment considered necessary or 8 years after the service users death if the service user died while still receiving treatment|
|Adult Safeguarding||Records relating to safeguarding concerns relating to adult service users||10 years from when the safeguarding case was closed|
|Adult Social Care||Records relating to people who are elderly, physically disabled, have a learning disability or social inclusion needs||3 years from the death of the service user or the case is closed|
You have certain rights under the UK General Data Protection Regulation (UK GDPR), these are the right:
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
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.
If you would like more information about this specific project then please contact http://www.lancashire.gov.uk/health-and-social-care/adult-social-care/safeguarding-adults/
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: firstname.lastname@example.org
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).