Learning disabilities residential and respite service privacy notice - Privacy notices

The types of data we will process for providing care and support for vulnerable individuals and their families are:

• Name
• Address
• Date of birth
• Gender
• Disability
• Daily records
• Health needs
• Incidents and accidents
• Any other information that may be relevant to the purposes outlined above

Safeguarding adults

The council responds to concerns raised 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.

Deprivation of liberty

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.

Mental Health Act 1983 (2007)

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

Herefordshire Council is the data controller under data protection law, and Hoople are the data processors acting on behalf of the council.

We will use the information you provide in order to:

• Collect and process personal information to provide learning disabilities residential and respite services to individuals with care and support needs
• Establish if an adult is in need of support to keep themselves safe and prevent harm or abuse
• Establish if a person is deprived of their liberty and if so, whether this is both proportionate and in their best interests
• Establish if a person requires admission to hospital for treatment of their health needs
• Support adults in managing their desired outcomes
• Plan and commission services

The legal basis for processing this data is:

• Herefordshire Council's legal obligations under the Care Act 2014
• For the performance of a task carried out in the public interest or in the exercise of official authority
• To protect someone's vital interests
• For special category data, for medical diagnosis, the provision of health or social care treatment or the management of health and social care systems

The main legislation that provides us with the statutory basis to deliver our services are:

• Community Care Act 1990
• Care Act 2014
• Mental Health Act 1983
• Mental Capacity Act 2005
• General Data Protection Regulation (GDPR), Data Protection Act 2018

Your information will only be shared with other teams and organisations in order to provide you with the service you need. If there is a need to safeguard you or someone else, sharing relevant information with the right people at the right time is vital to good safeguarding practice.

Personal information may be shared with the following organisations:

• Safeguarding Adults Board
• Health professionals
• Hospitals
• General Practitioners
• District nurses
• NHS Clinical Commissioning Groups
• NHS Community Trusts
• Independent agencies providing care and support
• Ambulance Service
• Police
• Fire and Rescue Service
• Financial services for benefit advice and financial assessments
• Advocacy services
• Mental health services
• Other local authorities
• Court of Protection
• Office of the Public Guardian
• Support and advice services
• Local Government Ombudsman
• Independent complaint investigators

We will ensure that any personal data in our care will be kept safe and that where your information is disclosed to a third party, we will seek to ensure that the third party has sufficient systems and procedures in place to prevent the loss or damage of personal data.

We will keep your data for 8 years after the termination of service.

Individuals have a number of rights under data protection law, including the right to request their information. You also have a right to make a complaint about our handling of your personal data to the Information Commissioner's Office.

Information you provide will only be used for the stated purpose. Further information about the processing of your data can be found on our data protection page.

You can contact the council's data protection officer by emailing informationgovernance@herefordshire.gov.uk

Learning Disability Partnership Board