How we use your personal information for Deprivation of Liberty Safeguards purposes.
The Council provides services for local communities and the people who live in them. Undertaking this work means that we must collect and use information about the people we provide services to and keep a record of those services. Because we collect and use personal information about individuals we must make sure that they know what we intend to do with their information and who it may be shared with.
We have summarised in this privacy notice some of the key ways in which we may use your personal information for Deprivation of Liberty Safeguards purposes. This information should be read in conjunction with the Council’s corporate privacy notice.
1. Who we are, what we do.
Rhondda Cynon Taf County Borough Council is a Deprivation of Liberty Safeguards (DoLS) Supervisory Body, which is responsible for ensuring that the Human Rights of adults who lack mental capacity to make decisions about where they live and how they receive their care and support and who live or will live in registered care homes are protected in accordance with the Mental Capacity Act 2005.
We do this by undertaking assessments that are required by law as set out in Schedule 1A and A1 of the Mental Capacity Act 2005 (DoLS) to decide whether the Council, in its Supervisory Body role, should issue a Standard Authorisation. The Standard Authorisation provides lawful authority for the care home to look after people even when they are not able to consent to their care arrangements and those arrangements amount to a deprivation of their liberty.
2. What and whose personal information do we hold?
The Deprivation of Liberty Safeguards Team holds information about past and present Service Users who we have assessed.
The information we need in order to undertake an assessment includes:
The individual / service user
- Date of birth
- Health information
- Information documented on the care plan
- Financial information
- Ethnic Origin
- Religious Beliefs
- Sexual Orientation
Service Users’ Family
- Contact details
- Any views expressed by family and/or friends about the service user’s best interests
The professionals involved with the service user
- Care home Manager details, e.g. name, telephone number, email address
- Social Worker
- Medical practitioners
Please note – any Professionals working with a Service User do not have the right to remain anonymous.
3. Where does the service get my information from?
We mainly receive information about a Service User from the Care Home where they are living and from their Social Care records. We also gather information from other sources as part of undertaking an assessment, for example from family members, medical professionals, Social Worker.
What if I provide information about my family member who lives in a care home?
Unless you expressly ask for certain information not to be recorded, the information you provide will be recorded on your family member’s DoLS assessment, known as the Best Interests Assessment.
If you have raised concerns, we may have to share with the resident and the care home that you have done so. We may also share any correspondence that we send to you with your family member and the care home.
4. What we will do with your personal information?
As the Supervisory Body, we will use this information to:
- Undertake assessments to establish whether the arrangements put in place by the Care Home are appropriate and in the Service User’s best interests in accordance with the Mental Capacity Act 2005 and the Human Rights Act 1998.
- Provide the Care Home with official Authorisation to confirm that the arrangements put in place for the Service User are appropriate.
5. What is the legal basis for the use of this information?
Data Protection law says that we are allowed to use and share personal information only where we have a proper and lawful reason for doing so.
Our lawful basis for processing personal information in order to meet the requirements of the General Data Protection Regulation (GDPR) is as follows:
Article 6 1.(c),(e) - to fulfil our legal and statutory obligations under the:
- The Mental Capacity Act 2005.
Special Category Information (i.e. information about a person’s race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, sex life or orientation):
Article 9 2.(g) - to fulfil our legal and statutory obligations under the:
- The Mental Capacity Act 2005.
6. Does the service share my personal information with any other organisation?
We will only share your personal information where it is deemed necessary and beneficial to protect a vulnerable person. Examples include, but are not limited to:
- Health and Social Care Services, which could be Council services, as well as external services, for example Social Worker, Doctor, Nurse, Care Home Manager.
- Third Sector Agencies, e.g professional advocacy services
We have also contracted with a company called ID Medical who are assisting the Council in completing our assessments. ID Medical staff will follow the same processes as Council employed staff in order to complete those assessments. They will have direct contact with the service user and will obtain relevant information about the service user from the same range of sources, including family members.
7. How long will you keep my information for?
For administrative reasons records relating to Adults are kept for a minimum of 7 years after their involvement with any social care service has ended. Records about a person’s health needs are kept for a minimum of 10 years from the date their involvement with any social care service ended.
8. What are my rights in relation to the information you hold about me?
The General Data Protection Regulation (GDPR) gives you important rights, including the right to access the personal information the services hold about you.
View further details on your information rights and how to exercise them.
9. Contact us
If you have any concerns or would like to know more about how the service using your personal information please contact us in one of the following ways:
By email: email@example.com
By telephone: 01443 425410
RCT DoLS Team
Dinas Isaf East
Tonypandy CF40 1NY