Court of Protection Deputyship privacy notice

Who will own my data once I submit it?

We will own your data once it has been submitted.

Why do you need my information?

We will use your information to:

  • undertake a mental capacity assessment
  • manage your finances and property of the client which includes transferring all funds held in the clients name to the local authority, drawing of Department of Work and pensions (DWP) benefits, Occupational Pensions etc.
  • set up a Deputyship Bank account in the client’s name - All transactions made are subject to strict financial controls
  • ensure your needs are being met, review care plans, ensure personal funds are being provided by the Council to the Care Home and that these funds are spent appropriately
  • report to the Office of the Public Guardian annually and inform them of any significant financial decisions made during the year

The information that we collect about you is:

  • information about you, this could include your name, address, picture or date of birth.
  • national identifiers such as NHS number, National Insurance number etc.
  • information about your family.
  • details about your lifestyle and social circumstances
  • financial details
  • details about your housing needs

We also collect sensitive information about you called special category data. Special category data is defined as:

  • physical or mental health details
  • religious or other beliefs of a similar nature

What allows you to use my information?

When we collect and use your personal information for court of protection deputyship, we do so as part of our public duties as a local authority in order to manage your finances. The legislation, policies and guidance that allow us to do this includes but is not limited to:

  • General Data Protection Legislation Article 6 part e
  • General Data Protection Legislation Article 9 part h
  • Equality Act 2005
  • Care Act 2014 (Section 8)
  • Mental Capacity Act 2005
  • Claims and Payments Regulations Act 1997
  • Regulation 57 of the UC, PIP, JSA and ESA Claims and Payments Regulations 2013

Who will my information be shared with?

We may share your data with other organisations in order to help manage your finances and to protect your interests. These organisations may include, but are not limited to, the following:

  • Department for Work & Pensions
  • Financial institutions such as bank and building societies
  • Utility companies
  • Telecommunication companies
  • Debt collection agencies
  • Court of Protection
  • Office of the Public Guardian
  • Other Local authorities
  • Other government bodies
  • Care Providers
  • Housing providers
  • Our internal and external auditors
  • CIFAS (Credit Industry Fraud Avoidance System)

Do I have to provide this information and what will happen if I don’t?

A legal decision is made by the court of protection and an order is issued by the High Courts to Cheshire West and Chester Council.

How long will you keep this data for and why?

The information will be stored for as long as you are a deputyship client of ours and for six complete financial years thereafter.

How will my information be stored?

Your information will be stored:

  • On our computer network in an area that can only be accessed by the team that needs to access your information
  • A NatWest bank account which can only be accessed by the team that needs to access your information

What rights do I have when it comes to my data?

Under data protection legislation you have the right to request access to the information that we hold about you.

To request a copy of your data or ask questions about how it is used, please read the Data Protection and Your Rights page on this website by following the link to the page below and then submit your request by following your preferred method of contact in the 'How do I ask for my personal information' section.

In certain circumstances, under data protection legislation, you may also have the right to.

  • object to processing of personal data that is likely to cause, or is causing, damage or distress
  • have inaccurate personal data rectified, blocked, erased or destroyed
  • prevent processing for the purpose of direct marketing
  • object to decisions being taken by automated means

To make a request, follow the instructions on our Data Protection for you page.

Who can I complain to if I am unhappy about how my data is used?

You can complain directly to our Data Protection team:

  • Online: Contact the DPO
  • By post: Data Protection Officer, 4 Civic Way, Ellesmere Port, CH65 0BE

You also have the right to complain to the Information Commissioner’s Office using the following details:

Will this information be used to take automated decisions about me?

No

Will my data be transferred abroad and why?

No