Adult Social Care - Services statutory services privacy notice

Statutory Services includes Safeguarding Adults, Deprivation of Liberty Safeguards Teams (DoLS), Approved Mental Health Professionals (AMHP’s) and Drug and Alcohol Statutory Teams (DAST) across both Bournemouth and Poole Adult Social Care.

Safeguarding Adults focus on responding to concerns raised with the Councils regarding adults who may be unable to protect themselves from abuse or harm due to the nature of their care and support needs. Practitioners aim to support people to keep safe and prevent harm or abuse from occurring or reoccurring.

DoLS Teams work with adults who lack capacity to consent to care and treatment and are placed in residential care or in hospital and are deprived of their liberty due to the nature of care and/or treatment they are receiving. Practitioners determine whether this deprivation is proportionate and necessary to ensure the person is protected from unnecessary restrictions to their freedom of movement.

AMHP’s are practitioners who have specialist skills and act on behalf of the Councils to carry out assessments under the Mental Health Act 1983 (2007), to determine whether people need to be admitted to hospital due to the mental health needs.

DAST practitioners work with adults who have addictions to either alcohol or drugs. They provide a Safeguarding function as detailed above and can also work with people to ensure their care and support needs are assessed and met.

This page explains how your information will be held about you and processed by Statutory Services. You can also find out about the General Data Protection Regulations and Data Protection Act 2018.

This document contains information about:

  • who we are
  • why we collect your personal information
  • the legal basis for using your information
  • who we may share your information with
  • how you can access the information we hold about you
  • how long we keep information about you
  • further information and Data Protection Officer

Who we are

Bournemouth Borough Council and Borough of Poole will be the Data Controller for the personal information you provide. Personal information can be anything that identifies and relates to a living person. This could be your name and contact details. As the Data Controller, Bournemouth Borough Council and Borough of Poole will use your information to provide you with our services.

Why we collect your personal information

We will collect enough personal information in order to provide you with services for the following purposes:

  • to establish if an adult is in need of support to keep themselves safe and prevent harm or abuse
  • to establish if a person is deprived of their liberty and if so, whether this is both proportionate and in their best interests
  • to establish if a person requires admission to hospital for treatment of their mental health needs
  • to support adults in managing their addiction and recovery plan

We are not permitted to collect information we do not need or will not use. This page covers information you have provided direct to the Council and information which has been shared with us by other organisations.

If we don’t need your personal information we will either keep your details anonymous or, if we already have it for another service, we won’t ask you for it. If we use your personal information for research or analysis, we will always keep your details anonymous or use a fictitious name.

We don’t sell your personal information to anyone else.

The legal basis for using your information

According to the General Data Protection Regulations (GDPR) and the Data Protection Act 2018, we must have a reason to collect and use your information.

This will be:

  • to deliver services and support you
  • to enable us to manage the services we provide
  • to train and manage our workers who deliver those services
  • to investigate any worries or complaints you may have about our goods or services
  • to check the quality of our goods and services
  • to help with research and planning of new services

There are a number of legal reasons why we need to collect and use your personal information. For this service:

Legal Obligation – it is required by law under the Care Act 2014, Mental Capacity Act 2005, Mental Health Act 1983 (2007).

Our service also needs to use sensitive personal data called “special category data” which requires more protection to keep it safe. This is often information you would not want to be widely known and is very personal to you. It includes:

  • sexuality or sexual heath
  • religious or spiritual or philosophical beliefs
  • ethnicity
  • physical or mental health
  • trade union membership
  • political opinions
  • genetic or biometric data
  • criminal history

We will take extra care of this data. The legal reason for us to collect and use this personal information is:

It is necessary to perform our statutory duties, to deliver social care services and at times may be necessary in order to protect someone in an emergency.

Who we may share your information with

We use a range of organisations to either store personal information or to help deliver our services to you. Sometimes we have a legal duty to provide your personal information to other organisations, for example the court service or HMRC.

We may also share your personal information with these organisations:

Police – we would share information with the Police if we believed that a crime had been committed or to protect a person in an emergency.

Health – we would share information with Health colleagues to inform our decision whether to enact one of our statutory responsibilities, for example, if we believed a person was unwell and in need of support from Health colleagues.

Dorset Fire and Rescue – we would share information if we felt that a person’s circumstances were a potential risk, for example, if a person was hoarding and this could present a risk to Fire Officers should a fire break out.

Your information will not be disclosed to any other organisations, except where we are required and allowed to by law.

We may seek your consent if we are able to offer additional services which we believe are of benefit to you. This will be clearly communicated to you. We will only share your details with these organisations if we have your consent.

Accessing the information we hold about you

You have the right to request, in writing, details of the information that is held about you and also the right to access a copy of the information. This may be by the Council providing copies of documents or by inviting you to view the records at one of its offices, if appropriate. Please see our webpage for further information about how to make a subject access request.

Neither Bournemouth Borough Council nor Borough of Poole will charge a fee to access your information. Sometimes there may be information that we are not allowed to show you, such as:

  • legal information or advice
  • crime prevention and detection records
  • information that we believe may be harmful to you and your well-being
  • details about or provided by other people – this is called third party information (e.g. information from the Police or Department for Work & Pensions)

You may also ask us to

  • stop processing your information if this causes or might cause damage or distress
  • stop processing your information for direct marketing
  • make decisions about you using your information by automated means (e.g. using computers to decide on an entitlement)
  • amend any of your data which you feel is inaccurate. You can also ask for information to be blocked, erased or destroyed
  • transfer your information electronically to another service provider
  • consider a claim for compensation for any damages caused by a breach of the Data Protection regulations

If you give consent for us to use your information, you may withdraw this at any time. However, this may affect our ability to continue to provide you with a service.

How long we keep information about you

We will retain this information for 8 years as stated in our retention schedule and in accordance with the relevant legislation, such as the Data Protection Act 2018.

Further information

If you have a concern about how we are using your information, we would ask you to contact us in the first instance using the address below:

Joint Service Manager – Statutory Services
Adult Social Care
Bournemouth & Poole Borough Councils
Wallisdown Heights Local Office
121 Canford Avenue
Bournemouth
Dorset

Data Protection Officer

If you are not satisfied with a response to your concerns from the Service, our Data Protection Officer Vivian Bateman, can review any issues regarding Information Rights legislation if necessary. The Data Protection Officer can be contacted at the address below:

Data Protection Officer
Bournemouth & Poole Information Governance Team
Bournemouth Borough Council
Town Hall
Bournemouth
BH2 6DY

Information Commissioner

For further information about Information Rights legislation, please contact the Information Commissioner’s Office at www.ico.org.uk or by telephone 0303 123 1113.

Page last updated: 22 October 2018
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