Adult services privacy notice
Who is the Data Controller for this processing?
Cheshire West and Chester Council is the Data Controller for this processing with the exception of our residential/nursing and domiciliary care providers who will also be Data Controllers for the purposes of providing you with care and support.
The personal information we have collected from you will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance, or employment.
What services are covered by this privacy notice?
This Privacy Notice is designed to help you understand how we use personal information when delivering our Adult services, we have set out below the services types, the information we may use to deliver the services, who we may share it with, and how long we will keep it.
Adult Care Arranger Service
The Care Arrangers organise care and social care support services that are required for individual open to the services. They work with our social care providers, and third parties where specific, off contract care is required.
Adult Social Care Costs
We need your information to calculate how much you can afford to pay towards your social care costs and to provide you with advice and information.
Bus pass and concessionary travel
We collect and use the information you provide in order to determine your eligibility for an application for a bus pass.
Community Access Team
The team provides a first point of contact for citizens of West Cheshire who wish to discuss their own personal needs or request an Adult Social Care Assessment. The team undertake screening tools and initial assessments for citizens of West Cheshire and can refer to other statutory, third sector or other agency services.
Community Mental Health Team (CMHT)
The CMHT provide social care and care coordination support to adults who are open to community mental health service and / or have assessed social care needs. They work alongside health colleagues to provide support across health and social care.
Continuing Health Care
Continuing Health Care Social Work Team - provide expertise to practitioners when applying for Continuing Health Care. This is largely done by ascertaining whether a person has a Primary Health Care Need. A Primary Health Care Need is ascertained on completion of a Decision Support Tool.
The Care Act 2014 places a duty on all local authorities to operate a Deferred Payment scheme so that a person can defer or delay paying the costs of their care home until a later date. Your information is required to assess whether you met the criteria for a Deferred Payment Agreement and to advise you so that you can make an informed decision.
Deprivation of Liberty
The Deprivation of Liberty Safeguards (DoLS) is designed to ensure that an individual’s right are protected if they are detained in a hospital or care home and lack mental capacity. They undertake DoLS assessments, but in addition, also undertake Best Interest Assessments
They also liaise with individuals and the courts about cases considered by the Court of Protection, and ensure that individuals have appropriate representation.
Provide advice, emotional support, and practical assistance and safety measures for victims of domestic violence.
The hospital teams work with multidisciplinary teams within the hospital to identify needs, assess and plan how to meet identified need, coordinate, provision and deliver safe, effective care. They are also responsible for undertaking Mental Capacity Assessments and Deprivation of Liberty Safeguards.
Integrated Care Partnership
Facilitate an integrated and person centred approach to health and social care to help prevent inappropriate admission to hospital or long term care and help reduce duplication and variation in response
Learning Disability Service
The Learning Disability Team undertake Care Act Assessments for adults with a learning disability and/or their carers, in line with the Care Act 2014. They assess in both the community and hospital settings, liaising with the appropriate professionals to support timely discharges form hospital. The team source packages of care and residential provision and complete unscheduled and annual reviews, including out of area reviews.
Supports the Adult Social Care Directorate navigate to information and services available in the community. Work with public, private, voluntary and third sector agencies to provide information about available services in the community, and signpost individuals to the appropriate support.
Mental Health Service
The Mental Health Service offers a range of meaningful activities to people who are trying to overcome mental health problems.
The Service offer a wide range of assessment and treatment approaches designed to assess, and provide solutions which meet a range of an individual’s needs including physical, emotional, cognitive and social.
The Occupational Therapy assessment will take into account the person’s disabilities and their individual health and living situation including any issues that their family or carer has in providing them with support.
The patch team are responsible for assessing older and physically disabled individuals, where they have two or more identified care needs. They undertake Care Assessments, support planning; and reviews of packages of care around approximately 12 weeks, earlier if it is deemed appropriate. They are also responsible for undertaking section 42 safeguarding enquiries where the referral is not in relation to the provider.
Reablement are a council operated service which aims to support people to regain skills of daily living and to live active healthy lives in their community through short term intervention which has a focus on rehabilitation. This is a time limited service which is designed to last no more than 6 weeks.
- Deferred Payments - Assesses whether you met the criteria for a Deferred Payment Agreement.
- Rapid Response and Reablement Service – Provides social care support to adults in partnership with the NHS.
- Research into Health and Wellbeing - Researches into health, wellbeing, lifestyle and social circumstances of adults in West Cheshire.
Undertake Care Act assessments, reviewing the current support in place, and transfer to Patch teams where changes to support are identified.
The safeguarding team accept referrals where the following criteria apply:
- The person at risk meets the definition of an ‘adult at risk’ as outlined in the Care Act 2014 and detailed in North West Safeguarding Policy and the Cheshire West and Chester LSAB safeguarding procedures.
- The alleged abuse happened in Cheshire West and Chester Local Authority geographical area
- The allegation relates to any paid carer/member of staff
- The allegation reaches the criteria for initiating safeguarding procedures
The team advocate on behalf of service users and carers, as appropriate and take the lead in certain specific safeguarding investigations.
The Visual Impairment team undertakes social care and enablement assessments for individuals who are visually impaired.
What personal information do we hold?
We only collect and use the minimum amount of personal information required when delivering a service to you.
Wherever possible we use non-identifiable personal information.
The Service may use some or all of the personal information below:
- Information about you, this could include your name, address, date of birth.
- Visual images, personal appearance and behaviour
- National identifiers such as NHS number, National Insurance number etc.
- Information about your family.
- Details about your lifestyle and social circumstances.
- Financial details
- Employment and education details.
- Details about your housing needs.
- The IP address that you accessed any of our online services from
- Case file information
- Criminal proceedings, outcomes and sentences
- Physical or mental health details
- Racial or ethnic origin
- Offences (including alleged offences)
- Religious or other beliefs of a similar nature
- Social Care support outcomes
- Advocacy details.
We get most of this information from you, but we may also get some of this data from:
- Central Government Agencies
- Other Local Authorities
- Health and social care provider
- Police and probation services
- Members of the public (referrer)
- Commissioned partners
- Family members
- Other Social Care Teams
How do we use your personal information?
We use your information for one or more of the following reasons:
- Deliver the service, or handle your query
- To plan and improve the services we offer
- To detect and prevent crime or fraud
- For research, however this would be in anonymised form unless we ask for your consent to use your personal information for this purpose
- To evidence positive outcomes to central government funding agencies
Who else might we share your personal information with?
Sometimes we may need to share your information, but we will only do so where it is necessary or required by law. We will only share the minimum information for each circumstance.
We may sometimes need to share some of your information with:
- Health service providers including NHS Agencies (GPs, Hospitals, Ambulance, Health Visitor, Mental Health Services)
- Education providers
- Care providers, e.g. day care, domiciliary, residential
- Government Agencies (e.g. Department of Health, Department of Work and Pensions)
- Support groups for people with disabilities
- Local Government
- Substance misuse agencies
- Advocacy services
- Fire and rescue services
- Prepaid card providers
- Direct Payment Support Services
- Housing associations
- Technology assistance providers
- Supported accommodation providers
- Social Care Providers
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. The council also uses the Personal Demographic Service (PDS) to trace and verify your NHS number to help assure we have the correct NHS Number for you.
In addition, if you are receiving support from Adult Social Care, then the NHS may share your NHS number with us. This is so that the NHS and Adult Social Care are using the same number to identify you whilst providing your care.
By using the same number the NHS and Adult Social Care can work together more closely to support you.
We will use the NHS Number in an integrated care record system across a number of support services including GP’s, hospitals, community matrons, district nurses and social care practitioners.
Find out more about the Cheshire Care Record
We may also use Data Processors to support these activities, for example by providing the systems we need to or delivering services on our behalf
Our case management system Liquid Logic
Other data processors supporting your care might include domiciliary care providers, residential nursing care providers, day care providers, education providers and prepaid card providers within the European Economic Area
We will also use your information for audit purposes, to ensure that the services provided by the council are good quality, cost efficient and safe, and are subject to appropriate scrutiny in order to ensure the council’s priority outcomes are achieved.
Your anonymised data will also be used for research, reporting and benchmarking to support service improvement, and local, regional and national initiatives.
Your information may also be used to assess risk, and to ensure that the services provided to you are appropriate and meet your needs.
What is the legal basis for our use of your personal information?
Most of the personal information we process is provided to us directly by you, under the General Data Protection Regulation (GDPR), the lawful bases we rely on for using your personal information are:
- We have a legal obligation (GDPR Article 6 (c)
- We need to protect your vital interests (GDPR Article 6 (d)
- We need it to perform a public task (GDPR Article 6 (e)
When we collect data about your race, health (including biometric or genetic data), sex life, sexual orientation, ethnic origin, politics or trade union membership, we also rely on the following lawful basis:
- We need to protect your vital interests in situations where you are incapable for giving consent (GDPR Article 9 (2) (c)
- We need to collect it for Substantial Public Interest in order to comply with UK legislation (GDPR Article 9 (2) (g)
- We are providing you with health and social care support (GDPR Article 9 (2) (h))
- We need to collect it for public health (GDPR Article 9 (2) (i)
- We need to analyse your information (GDPR Article 9 (2) (j))
The legislation we rely on when using your personal information to meet our legal obligations or public tasks includes but is not limited to:
- Care Act 2014
- Carers (Recognition and Services) Act 1995
- Carers and Disabled Children Act (2000)
- Care Standards Act 2000
- Community Care (Direct Payments) Act 1996
- Court of Protection Rules 1994
- Disabled Persons (Service Consultation and Representation) Act 1986
- Domestic Violence Crime and Victims Act 2004
- Enduring Power of Attorney Act 1985
- Equalities Act 2010
- Health Act 1999
- Health and Social Care Act 2001
- Health and Safety at Work Act 1974
- Health and Social care Act 2012, 2014 and 1983
- Health and Social Care Quality and Safety Act 2015 Section 251b
- Health Service and Public Health Act 1968
- Housing Act 1985, 1996 and 2004
- Local Government Act 1972
- Localism Act 2011
- Local Authority Social Services Act 1970
- Mental Capacity Act 2005
- Mental Health Act 1983
- National Health Service and Community Care Act 1990
- NHS Act 2006
- Public Health Act 1936 and Public Health Act 1961
- Safeguarding Vulnerable Groups Act 2006
Where will we store your information?
Your information will be securely stored on our network
How long will we keep your personal information?
We will only use your personal information whilst delivering the service to you and to deal with any questions or complaints that we may receive about this, In practice, this means that your information will be deleted seven years after we stop using it where a service has been provided unless the law requires us to keep it for a longer period (see bulleted list below).
- Vulnerable Adult Protection - 10, 20 or 30 years dependent on the severity of the case
- Accommodation Support 6 years after no longer in receipt of service
- Asylum Seekers Support 7 years
- Case Management 6 years after no longer in receipt of services
- Community Living and Disabilities Support 6 years after no longer in receipt of service
- Mental Health Support 20 years after end of treatment or service provision or 8 years after death
- Carers Support 6 years after no longer in receipt of service
- Vulnerable Adult Protection 10, 20 or 30 years dependent on the severity of
- the case
- Legal Issues 3 years
If we need to use your information for research or reports, your information will be anonymised and any information taken from notes (hand written or typed) during any consultation sessions will be securely destroyed. The information will continue to be used in a summarised and anonymised form in any research reports or papers that are published. The anonymised information in the papers may be of historic interest and may be held in public archives indefinitely
Under data protection law, you have rights including:
- Your right of access - You have the right to ask us for copies of your personal information.
- Your right to rectification - You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
- Your right to restriction of processing - You have the right to ask us to restrict the processing of your information in certain circumstances.
- Your right to object to processing - You have the right to object to the processing of your personal data in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
To make a request follow the instructions on the Data Protection for you page below.
How to complain if you are unhappy about how your data is used
You can complain directly to the Council You can complain directly to the Council's Data Protection team by email or post.
You also have the right to complain to the Information Commissioner’s Office using the following details:
Will my personal information be accessible outside the UK?
Your information is stored securely within the UK, but the transfer of personal information outside of the UK could become necessary.
This would only take place if permitted by law, where there are appropriate safeguards in place to protect the personal information.