Quality Assurance and Safeguarding Adults Service

In order to comply with the UK General Data Protection Regulation (UK GDPR), where personal data relating to a data subject is collected, Lancashire County Council would like to provide you with the following details.

Identity and contact details of the data controller

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Contact details of the data protection officer

Our Data Protection Officer is Paul Bond. You can contact him at dpo@lancashire.gov.uk or Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Purposes for processing

The Quality Assurance & Safeguarding Adults Service includes 2 separate service delivery areas. These are the Care Settings Intervention Team and a Safeguarding Service.

Care Settings Intervention Team:

The Care Settings Intervention Team delivers on the following functions:

Undertaking reviews of adults who are in receipt of publicly funded commissioned care.
Undertaking and/or contributing to quality assurance and improvement work with commissioned care providers where quality concerns have been identified.
Managing situations where care providers have made the decision to stop providing a service or where a service has failed, and which may require the relocation of people to an alternative care provision.

Safeguarding Service:

The Care Act 2014 places a duty on the county council to take lead responsibility for ensuring that the obligations set out in the Act to safeguard adults with care and support needs (whether or not the county council is meeting any of those needs), are carried out in partnership with all agencies and organisations who may come into contact with those people.

The aims of Adult Safeguarding are to:

Prevent harm and reduce the risk of abuse or neglect to adults with care and support needs.
Stop abuse or neglect wherever possible.
Address what has caused the abuse or neglect.
Safeguard adults in a way that supports them in making choices and having control about how they want to live.
Provide information and support in accessible ways to help people understand the different types of abuse, how to stay safe and what to do to raise an alert about the safety or well-being of an adult.
Raise public awareness so that communities, alongside professionals, play their part in preventing, identifying, and responding to abuse and neglect.

Category of personal data being processed

Personal data (information relating to a living, identifiable individual)
Special category personal data (racial, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation)

Legal basis for processing personal data

The legal basis for processing your personal data, in accordance with UK GDPR Article 6 is:

Legal Obligation: the processing is necessary for you to comply with the law. You must reference the applicable legislation if you wish to rely on this basis for processing.
Public Task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law. You must reference the applicable task/function and its' basis in law if you wish to rely on this basis for processing.

The Quality Assurance and Safeguarding Adults Service relies on the lawful basis above by virtue of the following legislation:

Care Settings Intervention Team:

Care Act 2014 – Part 1, Duties & powers to meet needs, Section 18 Duties to meet needs for care and support state the authority, having made a determination under section 13(1) eligibility criteria, must meet the adult’s needs for care and support which meet the eligibility criteria.

Care Act 2014 – Part 1, Duties & powers to meet needs, Section 19 Powers to meet needs for care and support states the authority may meet an adult’s needs for care and support which appear to it to be urgent.

Care Act 2014 – Part 1, Provider Failure, Sections 48 – 52 states the authority has a temporary duty where a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 (a “registered care provider”) in respect of the carrying on of a regulated activity (within the meaning of that Part) becomes unable to carry on that activity because of business failure.

Safeguarding Service:

Care Act 2014 responsibilities: Part 1, Sections 42 - 47 Safeguarding

The Care Act 2014, Section 42 (2) requires a local authority to make statutory enquiries, or cause others to do so, where it has reasonable cause to suspect that an adult with care and support needs is experiencing, or is at risk of, abuse or neglect and as a result of those care and support needs is unable to protect him/herself against the abuse/neglect or the risk of it .

A Section 42 (2) enquiry establishes whether any action needs to be taken to prevent or stop abuse or neglect, and if so, what and by whom. The local authority is responsible for this public law decision as to whether or not to carry out statutory. It works alongside individuals and partner agencies in gathering information connected with S42(1) to support that decision and in carrying out S42(2) enquiries.

Care Settings Intervention Team:

Safeguarding Service:

Care Act 2014 responsibilities: Part 1, Sections 42 - 47 Safeguarding

Sections 42 to 47 of the Care Act 2014) set out the main duties relating to safeguarding adults at risk of abuse or neglect:

Section 42 - Enquiry by local authority
Section 43 - Safeguarding Adults Boards
Section 44 - Safeguarding adults reviews
Section 45 - Supply of information
Section 46 - Abolition of local authority's power to remove persons in need of care
Section 47 - Protecting property of adults being cared for away from home

Legal basis for processing special categories of personal data

The legal basis for processing your special categories of personal data, in accordance with the UK GDPR is:

(h) Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.

The Quality Assurance and Safeguarding Adults Service relies on UK GDPR Article 9 (2) (h) by virtue of the following legislation:

Care Settings Intervention Team:

Safeguarding Service:

Care Act 2014 responsibilities: Part 1, Sections 42 - 47 Safeguarding

Recipients of the data

Data will only be shared as necessary on a need-to-know basis, and may be shared with any of the following:

Care Settings Intervention Team:

Internal Lancashire County Council services: Care Finding Service, Contract Management & Commissioning Teams, Legal Services, Infection, Prevention and Control Team.
Primary, Secondary and Acute Health Services
Integrated Care Boards
Care Quality Commission
Health & Social Care Providers of regulated services (E.g., Care homes and domiciliary care services).
Private Healthcare Providers (E.g., Virgin Care)
Advocacy Services
Other Local Authorities
Housing Associations
Lancashire Fire & Rescue Service

Safeguarding Service:

Internal Lancashire County Council services: Contract Management & Commissioning Teams, Legal Services, Infection, Prevention and Control Team.
Primary, Secondary and Acute Health Services
Integrated Care Boards
Care Quality Commission
Health & Social Care Providers of regulated services (E.g., Care homes and domiciliary care services).
Private Healthcare Providers (E.g., Virgin Care)
Advocacy Services
Other Local Authorities
Housing Associations
Lancashire Fire & Rescue Service
Police
Borough & District Councils
Lancashire Safeguarding Adult Board
Ombudsman
Probation Service
HM Coroner's Service
Carers Services
Home Office
Trading Standards
Children's Social Care Services
Department for work and Pensions

Information we share

Lancashire Adult Social Care collects and holds information about people who contact, access, and receive a service. We only collect the information we need to administer and monitor the service.

The Care Settings Intervention Team may share information about an individual's:

Name
Date of birth/Age
Ethnicity & Religion
Marital Status
Current address/previous addresses
Email address
Telephone number
NHS number
Next of kin/main representative name
Next of kin/main representative contact number/s
next of kin/main representative email address/s
next of kin/main representative address
Personal/sensitive information gathered during the assessment process
LAS number/identifier.
Risk Assessments.
Personal/sensitive information gathered during the assessment process.
Category of need/risk.
Details of current and previous services.
Case notes, assessments of need, reviews, support plans, capacity assessments and meeting notes.
General Practitioner Details (and other relevant health professionals involved with the delivery of care and support)
Basic health information
Medical history/information
Care and support levels of need
Funding arrangements

The Safeguarding Service may share information about an individual's:

Name
Date of birth
Current address/previous addresses
Email address
Telephone number
Next of kin/main representative name
Safeguarding alert information
Safeguarding enquiries, case notes, safeguarding plans, meeting notes, and enquiry outcome notifications.

Any transfers to another country

Care Settings Intervention Team: No

Safeguarding Service: Not routinely, and only in circumstances where partnership working with another country was required to protect a vulnerable adult.

Retention periods

Lancashire County Council will only store your information for as long as is legally required or in situations where there is no legal retention period, they will follow established best practice.

^Some records and information may be requested by the Covid-19 Inquiry which has been set up to look at the UKs response and impact of Covid-19. These records will be kept for a further 7 years to protect them should the information be required by the Inquiry or as a result of findings of the Inquiry.

File type	Description	Security	Retention period
Email	Emails held in Outlook that haven't been exported or moved elsewhere.	Encrypted is used when emailing personal data to partners.	Retained in accordance with appropriate internal retention guidelines
Client Records	Assessments, support plans, mental capacity assessments, risk assessments	Stored on the Liquid Logic Adults System on secure devices accessed only via approved users.	Retained for a period of 3 years from the date the client's record is closed, or if case is closed due to death, records are kept for 3 years from date of death^.
Provider Cessation Records	Meeting minutes and papers, spreadsheets containing the details of individuals.	Stored on a secure and password protected shared drive	3 years from closure date and categorised as a "review" classification. The information is reviewed at the 3-year point. If there is a need to keep it for longer it will be retained for a suitable extra period of time.
Quality Improvement and Quality Assurance Records	Meeting notes and papers, spreadsheets containing the details of individuals and summary reports.	Stored on a secure and password protected shared drive	3 years from closure date and categorised as a "review" classification. The information is reviewed at the 3-year point. If there is a need to keep it for longer it will be retained for a suitable extra period of time.
Safe- guarding Records	Safeguarding enquiries, case notes, safeguarding plans, meeting notes, and safeguarding enquiry outcome notifications.	Stored on the Liquid Logic Adults System on secure devices accessed only via approved users.	75 years from the date of birth and categorised as a "review" classification. The information is reviewed at the 75-year point. If there is a need to keep it for longer it will be retained for a suitable extra period of time.

Your rights

You have certain rights under the UK General Data Protection Regulation (UK GDPR), these are the right:

to be informed via Privacy Notices such as this.
to withdraw your consent. If we are relying on your consent to process your data then you can remove this at any point.
of access to any personal information the council holds about yourself. To request a copy of this information you must make a subject access request in writing. You are entitled to receive a copy of your personal data within 1 calendar month of our receipt of your subject access request. If your request is complex then we can extend this period by a further two months, if we need to do this we will contact you. You can request a subject access request, either via a letter or via an email to Information Governance Team, address below.
of rectification, we must correct inaccurate or incomplete data within one month.
to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information.
to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future.
to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked.
to object. You can object to your personal data being used for profiling, direct marketing or research purposes.
in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to exercise any of these rights then you can do so by contacting:

Information Governance Team
Lancashire County Council
PO Box 78
County Hall
Preston
PR1 8XJ

Email: dpo@lancashire.gov.uk

To ensure that we can deal with your request as efficiently as possible you will need to include your current name and address, proof of identity (a copy of your driving licence, passport or two different utility bills that display your name and address), as much detail as possible regarding your request so that we can identify any information we may hold about you, this may include your previous name and address, date of birth and what council service you were involved with.

Further information

If you would like more information about this specific service, please contact 0300 123 6720 Customer Service Centre and explain that you wish to discuss matters detailed within this document with the Head of Service for the Quality Assurance and Safeguarding Adults Service or his/her delegated representative.

For more information about how we use personal information see Lancashire County Council's full privacy notice.

If you wish to raise a complaint on how we have handled your personal data, you can contact the Information Governance team who will investigate the matter.

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ or email: dataprotection@lancashire.gov.uk

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO).