Privacy notice relating to the processing of personal data by Rhondda Cynon Taf County Borough Council for the purpose of administering the Social Services Complaints Procedure (Wales)
Introduction
This privacy notice is intended to provide information about how Rhondda Cynon Taf County Borough Council (referred to as ‘RCTCBC’, ‘Council’, ‘Local Authority’, ‘we’) will use (or ‘process’) personal data about individuals for the purpose of administering the Social Services Complaints Procedure (Wales).
Whilst we have tried to make this privacy notice as clear and concise as possible, the categories of personal data we process may vary depending on the complaint and the people involved. Should you require further information relating to a specific complaint, please do not hesitate to contact us using the contact information below.
This notice should be read in conjunction with the Council’s corporate privacy notice.
The Data Controller
The Council is the data controller for the personal data processed for the purposes of administering the Social Services Complaints Procedure (Wales).
The Council is registered with the Information Commissioner’s Office (ICO) as a controller under reference Z4870100.
Queries relating to this privacy notice
If you have any questions or queries relating to this privacy notice please contact the Customer Feedback, Engagement and Complaints Team:
By email : Customerfeedback@rctcbc.gov.uk
By telephone: 01443 281475
Who we are what we do
The Customer Feedback, Engagement and Complaints Team is responsible for managing complaints relating to Adult Social Care and Children's Social Care services under the Social Services Complaints Procedure (Wales).
The Social Services Complaints Procedure provides a way for individuals, and where appropriate their representatives, to raise concerns about Adult Social Care and Children's Social Care services. We aim to ensure complaints are handled fairly, consistently and as quickly as possible, whilst providing opportunities to learn from feedback and improve services. The procedure places a strong emphasis on resolving concerns at the earliest opportunity and, where this is not possible, allows for a formal investigation of the complaint.
Whose personal data we process
We may process personal data relating to the following individuals for the purpose of dealing with a complaint under the Social Services Complaints Procedure (Wales);
- People who make a complaint about Adult Social Care or Children's Social Care services.
- People who receive Adult Social Care or Children's Social Care services and are involved in the complaint.
- Parents, guardians, carers, advocates, solicitors and other people who are authorised to act on someone's behalf.
- Members of staff, foster carers, commissioned service providers and other professionals involved in the complaint.
- Other people who may be able to provide information or assist with the investigation of a complaint.
The categories of personal data we process
We may process the following categories of personal data for the purpose of dealing with a complaint under the Social Services Complaints Procedure (Wales);
- Personal details, such as names, addresses, dates of birth and contact details.
- Information about the complaint, including the issues raised, correspondence, desired outcomes and any actions taken.
- Information about Adult Social Care or Children's Social Care services received where relevant to the complaint.
- Information about family members, carers, representatives and other individuals involved in the complaint.
- Information provided by members of staff, service providers and other professionals involved in the complaint.
- Special category personal data, such as information relating to an individual's health, care and support needs, where relevant to the investigation and resolution of a complaint.
Why we process the personal data
We process the personal data to deal with complaints under the Social Services Complaints Procedure (Wales). This may include, but is not limited to, the following activities;
- Receiving, recording and acknowledging complaints.
- Contacting individuals in relation to a complaint.
- Assessing, investigating and responding to complaints.
- Gathering information from relevant records, services and individuals involved in a complaint.
- Arranging independent investigations where required.
- Putting things right where concerns have been identified.
- Learning from complaints and improving services.
- Producing anonymised management information and reports about complaints received.
Our lawful basis for processing the personal data
Under the General Data Protection Regulation (GDPR), our lawful basis for processing the personal data to deal with complaints under the Social Services Complaints Procedure (Wales) is;
- Legal Obligation - Article 6(1)(c): processing is necessary for compliance with a legal obligation to which the controller is subject.
- Public Task - Article 6(1)(e): 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.
- Substantial Public Interest - Article 9(2)(g): processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which is proportionate to the aim pursued and provides appropriate safeguards for the rights and interests of data subjects.
Data Protection Act 2018 condition
- Schedule 1, Part 2, Paragraph 6 - Statutory and Government Purposes.
The primary legislation, regulations and guidance that supports this includes, but is not limited to;
- The Social Services Complaints Procedure (Wales) Regulations 2014.
- A Guide to Handling Complaints and Representations by Local Authority Social Services.
- The Social Services and Well-being (Wales) Act 2014.
- The Local Authority Social Services Act 1970.(This is the enabling legislation referred to within the Regulations.)
Who or where we get the personal data from
We may receive personal data from the following categories of individuals or organisations;
- The person making the complaint and anyone acting on their behalf.
- Adult Social Care and Children's Social Care records held by the Council.
- Council employees, foster carers, commissioned service providers and other professionals involved in the complaint.
- Other organisations involved in providing care, support or services that are relevant to the complaint.
- Other individuals who may be able to provide information or assist with the investigation of a complaint.
Who we share personal data with
We may share personal data with the following organisations and individuals for the purpose of dealing with a complaint under the Social Services Complaints Procedure (Wales).
When sharing personal data, we only share the minimum amount of information necessary for the purpose. The information shared, and who it is shared with, will depend on the nature of the complaint and the individuals and organisations involved. In order to investigate, consider and respond to a complaint, it may be necessary to share relevant information with those directly involved in the matters being raised. Without sharing relevant information in this way, we may not be able to fully investigate or resolve a complaint.
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Who
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Purpose
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Relevant Adult Social Care and Children's Social Care teams within the Council
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To look into the complaint and provide a response.
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Council employees involved in the matters raised by the complaint
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To understand what happened and consider the issues raised.
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Care providers and commissioned services acting on behalf of the Council
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To investigate complaints about services they have provided and respond to the concerns raised.
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Independent Investigators and Independent Persons
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To carry out an independent investigation where this is required.
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Health organisations and partner agencies
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Where they hold information needed to investigate the complaint.
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Public Services Ombudsman for Wales
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Where a complaint is referred to the Ombudsman for review.
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Social Care Wales, safeguarding agencies or the Police
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Where information needs to be shared to meet legal, safeguarding or regulatory responsibilities.
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Data Processors
A data processor is a company or organisation that processes personal data on our behalf for an agreed purpose. Whilst our data processors may carry out functions or services on our behalf, they must only process personal data in accordance with the Council's instructions and contractual requirements. They cannot use the personal data for their own purposes or share it with others unless permitted to do so by law. They are required to keep personal data secure and only retain it for as long as necessary to provide the service.
The categories of data processors we use for the purpose of dealing with complaints under the Social Services Complaints Procedure (Wales) are;
- Independent Investigators appointed to carry out formal complaint investigations on behalf of the Council, where applicable.
- Information technology system suppliers and support providers.
How long we retain the personal data
We retain the personal data contained within Social Services complaints records for:
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Length of time
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Reason
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10 years from the date the complaint is closed
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To maintain an appropriate record of the complaint, investigation, findings and outcome in accordance with the Council's retention arrangements for complaints records.
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In keeping with the General Data Protection Regulation storage limitation principle, records are periodically reviewed. Not all personal data is retained for the full retention period. Only information that forms part of the official complaint record, such as the complaint, evidence considered, findings, decisions and outcomes, is retained in accordance with the Council's retention arrangements.
Information that has no long-term business, legal or evidential value is routinely deleted in the normal course of business. For example, draft responses, duplicate documents, meeting arrangements, or internal emails used to coordinate the investigation may not be retained for the full retention period where they do not form part of the official complaint record.
Your data protection rights
The General Data Protection Regulation (GDPR) gives individuals important rights, including the right of access to the personal data that the Council holds about you.
Click here for further information on your information rights and how to exercise them.
Your right to make a data protection complaint to the Council
You have the right to raise a concern if you believe your personal data has not been handled appropriately whilst dealing with your complaint under the Social Services Complaints Procedure (Wales).
Where possible, we encourage you to raise your concerns with the person or team handling your complaint in the first instance, as many issues can be resolved quickly through a telephone call or email.
You can contact the Customer Feedback, Engagement and Complaints Team using one of the following methods:
- Email: Customerfeedback@rctcbc.gov.uk
- Telephone: 01443 281475
Alternatively, you can raise a formal complaint via the Council's Customer Feedback Scheme or contact the Council's Information Management Team at Information.Management@rctcbc.gov.uk which is responsible for overseeing data protection within the Council.
Your right to make a data protection complaint to the ICO
You also have the right to complain to the Information Commissioner's Office (ICO) if you are unhappy with how we have used your personal data or how we have handled your data protection complaint. However, we encourage you to contact us first and provide us with an opportunity to look into your concern and put things right.
The ICO can be contacted:
- Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
- Helpline number: 0303 123 1113