What is adult social care?
Adult social care is a broad term that refers to support provided by a wide range of agencies and individuals to help those in need to maintain their independence and well-being. This enables the council to meet its statutory obligations under the Care Act 2014.
People may need social care support due to various including mental health problems, learning or physical disabilities.
People with informal caring responsibilities can also benefit from social care support.
Social care support includes:
- Personal care
- Nursing homes
- Supported accommodation e.g., extra care housing
- Support to manage daily living tasks such as housework, errands, finances etc.
- Occupational therapy, focused on maintaining and improving independence
- Support to engage in social / community activities.
Social care is delivered by voluntary and private sector organisations, friends and family and Local Authorities.
Social care is not free for everyone and how much you pay towards the cost of your care will depend on your financial situation.
Publicly funded social care is the responsibility of Local Authorities, this responsibility includes:
- Providing information and advice
- Assessing care needs
- Arrange short-term support or re-enablement
- Safeguard vulnerable individuals
- Commission a broad range of care services (Day services, home care, supported accommodation etc).
Who we are
London Borough of Newham Council is a data controller under the (UK) Data Protection law because we collect and process personal information about you to provide Adult Social Care services to our residents and communities. This enables the council to meet its statutory obligations under the Care Act 2014.
What data we collect
We collect personal information including your name, date of birth, NHS (National Health Service) number, contact details (address, telephone number and email address), details of your GP (General Practitioner), your next of kin, details about your care and support needs including disabilities, impairments and mental capacity, your living arrangements, and your financial details including benefits received. Some of the data collected includes protected characteristics personal data.
Protected characteristics refers to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity and caring responsibilities, race, religion or belief, sex, and sexual orientation.
Why we collect your data
We gather your information to offer social care services that are appropriate, as mandated by the Care Act 2014, which local authorities are required to provide. The London Borough of Newham is dedicated to delivering services that are accessible to all. We obtain data regarding protected characteristics to assist us in guaranteeing that our policies and procedures promote this accessibility and enable us to comprehend the requirements of the community benefiting from our services.
Use of NHS numbers in Adult Social Care
If you are receiving support from adult social care, then the NHS may share your NHS number with us. In this way we are able to work together to improve your care and support. Your NHS Number will be used across several support services, including GPs (General Practitioner), hospitals, community services as district nurses or mental health and social care practitioners.
The National Data Opt-Out: Confidential patient information is used to provide you with support and care and to organise the services you need. It may also be used for wider planning or research in health and social care. To find out more or to stop your confidential patient information being used for this, see the National data opt-out operational policy guidance document - NHS Digital.
The lawful basis for processing your data
We rely on the following legal bases
- Article 6.1(c) Legal Obligation – processing is necessary for the performance with a legal obligation to which the Council is subject.
- Article 6.1(e) Public Task – Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Where we record special category data, the condition for processing this is:
- Article 9(h) Health or Social Care & (i) Public Health
- Article 9(c) Processing is necessary to protect vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.
If we rely on consent to process any of your personal data you have the right to withdraw that consent at any time.
What we use your information for
London Borough of Newham use personal information primarily to provide advice and guidance, assessments, services, support, and safeguarding for eligible adults over the age of 18 and their families.
This includes:
· Assessments and reviews of current needs at home and in hospital because of age, illness, and vulnerability and how best to meet them
· Deprivation of liberty assessments
· Carers’ assessments
· Assessments of migrants, refugees and other people who have arrived in the UK from abroad
· Eligibility for continuing health care assessments
· Assessments and reviews under the Mental Health Act 1983
· Assessments and reviews for after care services under the Mental Health Act 1983
· Financial assessments for the services
· The protection and safeguarding of vulnerable adults
· The completion of statutory government returns
We collect only the information that we need to carry out these functions and we ensure that it is used and stored safely and securely.
All staff who have access to information about you will have received training on data protection, information and cyber security and they work to a code of conduct which requires them to respect the confidentiality of the information about you that they have access to do their jobs.
Who we will share your data with
We may share your data with external agencies, such as:
- Central Government
- Health and care agencies and providers
- Police
- London Fire Brigade
- Probation and Courts
- Specialist services (e.g., Drug and Alcohol, Mental Health)
- Education providers
- Other Councils
In some cases, we may need to share your data with individuals such as advocates, deputies, those with legal power of attorney, solicitors, family members and carers.
We also share some personal information with other departments within London Borough of Newham Council. This is to ensure that decisions are made based on all the information available to us and that Council money is spent efficiently.
Departments that personal information may be shared with include, but not limited to:
• Legal services
• Finance services
• Fraud prevention
• Children’s Services
If we use or share your personal information with others for research and analysis, we will keep you anonymous or give you another name (a pseudonym), unless you have agreed that your personal information can be used for that research.
Newham Council has a statutory obligation to collect your personal data and, in some cases a legal obligation to share it (under the Care Act 2014, Health and Social Care Act 2012, Health and Social Care (Safety and Quality) Act 2015 or Digital Economy Act 2017). This means we do not need to ask for your permission to collect and share your data, but we will only ever share the minimum amount of information needed to fulfil an agreed purpose in line with legislation.
If you do not provide your data, it will limit the effectiveness of the services and support that we are able to offer you.
How long we will keep your data
We will keep your data safe and secure for a period of 27 years after you stop receiving services from us, in line with our retention Schedule. After this time, it will be securely destroyed.
How we protect your data
We comply with all laws concerning the protection of personal information and have security measures in place to reduce the risk of theft, loss, destruction, misuse, or inappropriate disclosure of information. Staff access to information is provided on a need-to-know basis and we have access controls in place to help with this.
Know your rights
We process your data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Find out about your rights at Your rights – Processing personal data privacy notice – Newham Council or at https://ico.org.uk/your-data-matters/ If you have any queries or concerns relating to data protection matters, please email: GDPR-dataprotection@onesource.co.uk
If you have a complaint about how we have handled your data or about the processing of your data, you can write to the Data Protection Officer and clearly outline your case.
Your complaint will then be investigated in accordance with our customer complaint procedure. Lodge a Complaint
If you remain dissatisfied with the way your personal data has been handled, you have the right to complain to the Information Commissioner’s Office at www.ICO.org.uk . You may refer the matter to the Information Commissioner’s Office whose contact details are below:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Email: casework@ico.org.uk