Adults Social Care Services – Shared Lives of Calderdale - privacy notice

PN0521
Adults Health and Wellbeing

Calderdale Metropolitan Borough Council of Town Hall, Crossley Street, Halifax, HX1 1UJ is registered with the Information Commissioners Office (ICO) under the provision of the Data Protection Act 2018. The Council takes its responsibilities as Data Controller under the Data Protection Act and UK GDPR very seriously. 

This privacy notice explains how your personal information will be processed if a referral is made to Calderdale Council’s Shared Lives service and in relation to Adult Social Care services. The Shared Lives service offers short breaks, long-term care and daytime support for people who need extra help in their lives and offers support to Shared Lives Carers. 

The type of information we will collect

We collect the following types of information from you directly or from third parties such as referrers, service providers, and the NHS. Information may be collected in many ways including on paper, by telephone, electronically or by a member of staff in person:

• personal information (such as name, address, contact details, date of birth, language, gender, marital status)
• special category characteristics (such as ethnicity, religion, sexual orientation)
• Information about your next of kin, or other advocate/representative (name, contact details and relationship to you)
• Health information (such as GP details, NHS number, medical diagnoses, hospital admissions, mental capacity assessments, cognitive impairments)
• Information about the referrer if different from the above (name, contact details and relationship to you)
• Residential status (such as property ownership details, type of property, and details of adaptions in place or required)
• Financial information
• Your situation and the support required (such as your social care needs, details of who is supporting you, their views on the support)
• Shared Lives plus.

Why we collect and hold this information

• To provide you with the information and advice you need
• To assess your support needs and any risks to your wellbeing.
• To assess your eligibility for Shared Lives, as a prospective carer or as an individual seeking support.
• To manage the process of individuals becoming approved Shared Lives carers
• To provide you with the support you need.
• To help you to maximise your independence and to stay safe.
• To review the quality of care you are receiving.
• To enable us to carry out specific functions for which we are responsible as a Local Authority
• To respond to your queries, investigate any worries or complaints you have about your care, and contact you with information which may be relevant to you.
• To ensure that in the event of an emergency we can identify and locate any vulnerable adults in a particular area who may require our support.
• To help us assess the effectiveness of our services and to plan and improve future services.

Sharing your personal data

Your information may be obtained from, and shared with, the following types of organisations/services as appropriate:

• Other teams within Calderdale Council to provide our services to you
• Bradford Council’s Shared Lives service, our partners in the assessment panel process
• Health services (for example GPs, Calderdale, and Huddersfield NHS Foundation Trust)
• Voluntary sector organisations where they are commissioned to provide direct health and care services.
• Other Local Authorities which offer funding for your support
• The Office of the Public Guardian and Court of Protection
• Government agencies such as the Department for Work and Pensions (DWP)
• Emergency services.

We will only ever share relevant information about you with third parties where there is a legal basis for us to do so.

Your NHS Number

Local health and social care services are working together to improve how your information is shared to support the decisions they make about your care. We ask for your NHS Number as it helps to uniquely identify you when sharing information between health and social care. Using the same number improves our ability to work together to improve your care and support.

The Yorkshire & Humber Care Record is a shared system that allows health and care staff within the Yorkshire & Humber Health and Social Care community to appropriately access the most up-to-date and correct information about patients, to deliver the best possible care.

The National Data Guardian opt-out programme is a service that allows people to opt out of their confidential patient information being used for research and planning.

For further information please contact Jayne.Tiffany@calderdale.gov.uk

The lawful basis for the processing your data

We need to collect this information to meet our obligations under the following legislation (but not limited to): 

• The Care Act 2014
• The Health and Social Care Act 2008
• The Mental Capacity Act 2005
• The Mental Health Act 2007
• Health and Social Care (Safety and Quality) Act 2015. 
• Health and Care Act 2022.

We process personal information under the following GDPR lawful bases:

• Article 6(1)(b) – processing is necessary for the performance of a contract. 
• Article 6(1)(c) – for compliance with the legal and statutory duties the Council is subject to under legislation as above.
• Article 6(1)(d) – to protect your vital interests or those of another person.
• Article 6(1)(e) – for the performance of our public task.

Where the information we process is special category data, for example your health data, the additional bases for processing that we rely on are: 

• Article 9(2)(a) your explicit consent
• Article 9(2)(b) which relates to carrying out our legal obligations and the safeguarding of your fundamental rights.
• Article 9(2)(c) to protect your vital interests or those of another person where you are incapable of giving your consent.
• Article 9(2)(g) – where processing is necessary for reasons of substantial public interest.
• Article 9(2)(h) – for the provision of Health or Social care
• DPA 2018 Schedule 1 Part 1 – Health or Social care purposes

Retaining your personal information

Your personal information will be kept for a period of 8 years after the date of closure of your adult social care record and then will be securely destroyed.

Your rights

The GDPR provides the following rights for individuals. Not all rights are absolute and therefore will only apply in certain circumstances:

1. The right to be informed.
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing.
6. The right to data portability
7. The right to object
8. Rights in relation to automated decision making and profiling.

You also have the right to complain to the Data Protection Officer if you feel that your data has not been handled in accordance with the law. The Council’s Data Protection Officer is Tracie Robinson and can be contacted at information.management@calderdale.gov.uk

You also have the right to lodge a complaint with the Information Commissioner’s Office at www.ico.org.uk