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Quality, Contacts and Safeguarding Adults 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 countywide Quality Improvement Social Work Team (QISWT) has three key areas of work:-

  • Quality improvement, prevention and assurance within residential settings (including nursing and supported living settings)
  • Quality improvement, prevention and assurance within the domiciliary setting
  • Provider failure

The primary function of these key areas of work is to address quality concerns in relation to commissioned domiciliary services; supported living, homecare and non-residential provision. The focus of the team role is on improving the overall quality of service delivery and preventing quality concerns from escalating.

A further function of the service area is to identify and contribute to the implementation of improvement work aimed at driving up the overall quality of services being delivered to Lancashire customers in receipt of domiciliary care and support.

Lastly the team manages provider failure situations across both domiciliary and residential services.

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.

(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.

The Quality Improvement Social Work Team will primarily seek your consent before processing your information. However, if any members of the Quality Improvement Social Work Team feel that there is a safeguarding concerns about a person with care needs that places an individual or others at risk, information may be processed or shared with others as appropriate to reduce possible risks of harm which could mean a referral will be made directly to the Multi Agency Safeguarding Hub (MASH) irrespective of any consent you may or may not have given.

The Care Act 2014 (amended 2016) places a duty and responsibilities on the local authority to have a range of provision of high quality, appropriate services to choose from. It also places a temporary duty on local authorities to meet the care and support needs of an adult and the support needs of a family/ informal carer when a registered care provider is unable to carry on a regulated activity because of business failure. The possibility of interruptions to care and support services cause uncertainty and risk for people receiving services, their carers' and/or family. The Care Act 2014, makes provision to ensure that, in such circumstances, the care and support needs of those receiving the service continue to be met.

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.

Human Rights Act 1998 - 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 Equality Act 2010 – legally protects people from discrimination in the workplace and in wider society.

Recipients of the data

The Quality Improvement Social Work Team works in partnership with:-

  • Multi agency safeguarding hub (MASH)
  • Care Quality Commission (CQC)
  • NHS Chorley and South Ribble Clinical Commission Group
  • NHS East Lancashire Clinical Commission Group
  • NHS Fylde and Wyre Clinical Commission Group
  • NHS Greater Preston Clinical Commission Group
  • NHS Morecambe Bay Clinical Commission Group
  • NHS West Lancashire Clinical Commission Group
  • Lancashire County Council services
    • safeguarding enquiry service
    • contracts and procurement service
    • care navigation
    • health and residential settings,
    • patient safety and safeguarding
    • adult social care operations and delivery services

Information we share

The Quality Improvement Social Work team collects and holds information about the people who are supported by this team. Our aim is only to hold information to help us give people the right support at the right time, avoid duplication of delivery of services, add value to our collective service offer and improve outcomes for adults.

We hold personal information to enable us to identify you and keep in touch with you:

  • your name
  • your date of birth
  • your address/email address
  • your telephone number
  • next of kin/main representative name
  • next of kin/main representative date of birth/age
  • next of kin/main representative contact number/s
  • next of kin/main representative email address/s
  • next of kin/main representative address

This data is only recorded when it is appropriate and with your knowledge, although there may be occasions where this may need to be shared with others as appropriate to reduce possible risks of harm.

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 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 Assessments, support plans, mental capacity assessments, risk assessments Retained for a period of 3 years from the date the client's record is closed, or if case is closed due to death, records are kept for 3 years from date of death

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

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
enquiries@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).