Safeguarding Adults Privacy Notice

This Privacy Notice sets out what you need to know about how Doncaster Council will use your information for the safeguarding of adults at risk in line with the Care Act 2014.

What Adult Safeguarding is and why it matters

Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.

Local authority statutory safeguarding adult duties apply equally to those adults with care and support needs regardless of whether those needs are being met, regardless of whether the adult lacks mental capacity or not, and regardless of setting, other than prisons and approved premises where prison governors and the National Offender Management Service (NOMS), respectively have responsibility.

Doncaster Council is committed to meeting its data protection obligations and handling your information securely.  You should make sure you read and understand this notice before submitting your information to us. This notice applies both to individuals who report safeguarding concerns to us, as well as those vulnerable adults who are the focus of those concerns. This notice covers the investigation of concerns and safeguarding adult reviews (SAR)

How do we collect information about you?

We collect your information from you directly by asking you to complete an online form, or when you telephone our Customer Service Contact Centre. We also collect information from other agencies such as:

• Other councils
• Housing providers
• Care Quality Commission (CQC)
• Councillors
• Department for Work and Pensions (DWP)
• Private care providers
• Family members and carers
• Advocates, deputies, people with the legal power of attorney
• Internal council teams, such as case management and finance
• Doncaster Safeguarding Adults Board (DSAB)
• Doncaster Safeguarding Children Board (DSCB)
• Legal representatives, such as solicitors
• MPs
• 'Nearest Relative'
• Health service providers, such as GPs and hospitals
• Partner agencies, such as voluntary organisations and other statutory organisations (police, etc.)

The Doncaster Safeguarding Adults Board (DSAB) is a statutory board which makes sure that all member agencies are working together to help keep Doncaster's adults safe from harm and protect their rights.

This sharing of your personal data enables us to personalise your care and ensure that you are receiving the best support possible.

We will share personal information with law enforcement or other authorities if required by applicable law.

How will your information be used?

Your information might be used to:

• Create a secure and comprehensive record of all of the work that we do with and for you:
      • your name, address, telephone number, date of birth, and NHS and NI number
      • contact details for members of your family and support network
• Fully understand your needs:
      • information about you and your circumstances
      • information about your needs and wishes
      • information such as racial or ethnic origin, religious or philosophical beliefs, your sexual orientation
• Promote your health and wellbeing in partnership with other agencies i.e. Health services
      • information about any health conditions or disabilities that may apply to you, including your mental health
• Arrange short/long term care solutions:
      • details contained in your care records and conversations held
• Liaise with agencies, companies and charities on your behalf:
      • relevant personal information held on our systems
• Endeavour to keep you safe from harm:
      • information about any health and safety concerns that may be relevant
• Process complaints and compliments regarding the services we have provided
      • details contained in your care records and correspondence received
• Request and arrange installation of specialist equipment for you:
      • information about any health conditions or disabilities that may apply to you
      • information about your needs and wishes
      • your name, address, telephone number, date of birth
      • contact details for members of your family and support network
• Assess your financial contribution to your care:
      • information about your finances - bank details, income, benefits
• Work with you or your representative to create a Safety Plan:
      • details contained in your care records and conversations held
• Analyse the service that we are providing:
      • statistical reports output by our computer systems

The sharing of information supports a joined up approach with partner agencies, to provide you with the best possible care and support. Sharing is only done where it is lawfully necessary under an information sharing that we and our local partners all comply with the same principles for the sharing of information.

The information we collect will depend on whether you are reporting a safeguarding concern or you are a vulnerable adult.

Legal Basis for using your information

When we collect your personal data, we rely on the following legal bases:

• processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
• processing is necessary for compliance with a legal obligation to which the controller is subject
• processing is necessary in order to protect the vital interests of the data subject or of another natural person

When we collect your ‘special categories of personal data’, (such as health, race, ethnicity, sexual orientation) we rely on the following legal bases:

• processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.
• processing is necessary for reasons of substantial public interest (safeguarding of children and of individuals at risk)
• processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services

These legal bases are underpinned by acts of legislation that dictate what actions can and should be taken by local authorities, including:

• Care Act 2014 (section 42 Enquiry by a local authority)
• Health and Social Care (Safety and Quality) Act 2015 (s.3 Duty to share information)
• Children Act 1989 (s.17 Provision of services for children in need, their families and others), 2004 (s.10 Co-operation to improve well-being)
• Localism Act 2011 (s.1 Local authority’s general power of competence)
• Data Protection Act 2018, Part 2 of Schedule 1 s.18 Safeguarding of children and of individuals at risk   
• Human Rights Act 1998
• Mental Health Act 1983 (amended 2007)
• Mental Capacity Act 2005

As we have a statutory basis for collecting your personal data, we do not need to ask for your permission to collect and share it, however we will only ever share your data on a basis of need, in line with legislation and will work transparently with you at all times.

How long will we keep your information?

We will keep your information for different periods of time, depending on what we are using it for. We only keep your information for as long as we need to, after which we will either securely delete the information. Records will be retained for no longer than eight years from the last involvement with adult social care before being securely destroyed.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Your rights

The law gives you specific rights over your information. These rights include:

• to be informed of our use of information about you;
• of access to information about you;
• rectify information about you that is inaccurate;
• to have your information erased (the ‘right to be forgotten’);
• to restrict how we use information about you;
• You can request information about yourself by making a subject access request.

Some of the rights listed above apply only in certain situations, and some have a limited effect. Your rights are explained further in the Individuals’ Rights Procedure on our website, as is how to make a request under one or more of them. 

You can request information about yourself by making a subject access request on this page of the Council’s website.

Changes to this privacy notice

This notice is kept under regular review to make sure it is up to date and accurate.

Data Protection Officer (DPO)

The Council is required by law to have a DPO. The DPO has a number of duties, including:

• monitoring the Council’s compliance with data protection law;
• providing expert advice and guidance on data protection;
• acting as the point of contact for data subjects; and,
• co-operating and consulting with the Information Commissioner’s Office (see ‘Complaints’ below).

The Council’s Data Protection Officer can be contacted by email at information.governance@doncaster.gov.uk

Complaints

If you are unhappy with the way in which your information has been handled you should contact the Council’s Data Protection Officer so that we can try and put things right.

Alternatively, and if we have been unable to resolve your complaint, you can also refer the matter to the Information Commissioner’s Office (ICO). The ICO is the UK's independent body set up to uphold information rights, and they can investigate and adjudicate on any data protection related concerns you raise with them. They can be contacted via the methods below:

Website: www.ico.org.uk

Telephone: 0303 123 1113

Post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Email: casework@ico.org.uk

 

 

Last updated: 21 May 2019 12:56:04