Neighbourhood Care Team Privacy Statement

Find out how Stirling Council uses personal data by checking the Council’s website at the following address:

https://www.stirling.gov.uk/privacy-statement/

Our website contains a Register of Data Processing which lists all the different ways
in which the Council uses personal data.

This Privacy Notice provides more information about just one of those processes.

The Council has a Data Protection Officer to make sure it is complying with data protection laws.

They can be contacted at:

Data Protection Officer
Stirling Council
Old Viewforth
14-20 Pitt Terrace
Stirling
FK8 2ET

Email: dataprotection@stirling.gov.uk
Telephone: 01786 404040

The Neighbourhood Care Team is an integrated, community based health and
social care service which supports people to live independently as possible at home or in a homely setting in their community. The team is made up of community nurses, adult social care workers and a reablement/rehab service.

The team also has a resource worker to help the team connect with and make use of
local formal and informal community supports. The service is provided by the Clackmannanshire & Stirling Health & Social Care Partnership, which comprises NHS Forth Valley, Clackmannanshire Council and Stirling Council. This team’s governance only involves NHS Forth Valley and Stirling Council. As the team develops it’s approach to practice and working with communities, partnerships will be established with 3rd sector organisations to allow the team to offer more holistic support to meet people’s needs. Personal data will not be
shared with 3rd sector organisations until a partnership is establish and the team’s
Information Sharing Agreement and this Privacy Notice have been updated to
account for information sharing across the 3rd sector.

The Neighbourhood Care Team processes personal information for the following
purposes:

Purpose 1: to assess eligibility for services and the provision of care;

Purpose 2: the fulfilment of statutory duties in relation to the legislation detailed below;

Purpose 3: statutory reporting to the Scottish Government

Purpose 4: the creation of outcomes focused care and support plans for adults

Purpose 5: protection of vulnerable adults

Purpose 6: the continuous evaluation of how the Neighbourhood Care team are:meeting the outcomes of the people they support and the wider community’s involvement with the team.

Some of the key legislation and standards we use are detailed below:

• Social Work (Scotland) Act 1968
• Social Care (Self Directed Support) (Scotland) Act 2013
• Adults with Incapacity (Scotland) Act 2000
• Adult Support and Protection (Scotland) Act 2007
• Public Bodies (Joint working) (Scotland) Act 2014
• Children and Families Act 2014
• NHS and Community Care Act 1990
• Chronically Sick and Disabled Persons (Scotland) Act 1972
• Housing (Scotland) Act 1987
• National Health Service and Community Care Act 1990
• Carers (Recognition and Services) Act 1995
• Community Care (Direct Payments) Act 1996
• Regulation of Care (Scotland) Act 2001
• Community Care and Health (Scotland) Act 2002
• Mental Health (Care and Treatment) (Scotland) Act 2003
• Housing (Scotland) Act 2006
• Carers (Scotland) Act 2016
• Social Care (Self-directed Support) (Scotland) Act 2013

The data includes information about people using the service.

Personal data processed:

• Name
• Address
• Date of birth
• Name and address of GP
• General nature of circumstances giving rise to the matter of concern
• Additional information may be recorded about the service user’s family
  including details about other people, Power of Attorney/ Guardian or
  agencies and partners who would have an interest in their wellbeing through
  their relationship with the service user
• Information about third parties who are deemed to be affected by the
  circumstances may also be recorded
  Special category data processed
• Health (physical or mental)
• Racial or ethnic origin
  Data relating to criminal convictions and offences is also processed.

Processing personal data is necessary for compliance with legal obligations to which the Clackmannanshire & Stirling Health and Social Care Partnership is subject, and for the performance of tasks carried out in the public interest or in the exercise of official authority vested in the service.

Special category data is processed under obligations under employment, social security or social protection law, or a collective agreement; Substantial public interest (where a law exists); and Preventative or occupational health or social care.

Adult social care and reablement/rehab staff record people’s data on their SWIFT system which could include criminal offence or social circumstance data. This data is used to assess social care needs and also to build a case history for the person so as to avoid duplicated work and to keep a record of people accessing
social care services. Adult social care information stays on the SWIFT system
even after a person’s case has been closed however it is held in the history section of the system.

Community nurses record people’s data on their MIDIS system which is mainly
comprised of data regarding a person’s mental and physical health, although there is also some recording of social circumstance data. This data is used to assess the medical needs of a person and also to build a medical case history which can be accessed through other health systems for other healthcare professionals. Medical need information stays on the MIDIS system even after a person has been discharged from the nursing service which is managed by NHS Scotland Records Management Code of Practice.

In the case of the team’s Resource Worker making arrangements for a person to use a third sector community service they will ensure that they gain permission from the person or, where applicable, their power of attorney to pass information onto the service. Third sector here means community groups or services and voluntary organisations in rural west Stirling.

The Resource Worker (where it has been agreed that the individual can no longer
benefit from the Neighbourhood Care Team) will meet with the adult and specifically gather verbal consent to share basic information (see appendix 2) with agreed Third Sector organisations in rural South West Stirling as a means of delivering a more holistic approach to meeting people’s needs. The nature of the
service and details passed on will be recorded in the person’s care plan and/or in the nursing and/or adult social care systems. Information shared in this way is in the legitimate interest of people using the service.

NHS (for example GPs, Hospitals)

• You (as the data subject) and your nominated representatives
• Emergency services (Police, Fire & NHS)
• Care providers (private, voluntary and independent)
• Carers’ Centre (provides information, advice and support to unpaid carers)
• Other local authorities, such as Clackmannanshire Council (based on a datasharing agreement)
• Where relevant, information held by MAPPA partners and agencies where
  there is a duty to co-operate under MAPPA arrangements.

The data is stored in the electronic care management system and this information
may be accessed by other teams engaged in the delivery of Adult Social Care
services

All data is stored electronically in the care management system (Stirling Council) or in the MIDIS system (NHS FV).

NHSFV

NHS Scotland Records Management Code of Practice.

The retention period is 6 years in NHS Scotland or 3 years after death.

Stirling Council:

Adult service user records will be held in accordance with extant retention policies and retention rules (reference SCAv2-1) for a period of 5 years since last action and 3 years from death of the service user.

• Care and Support providers,
• The National Health Service (NHS),
• The Scottish Government,
• Department of Work & Pensions (DWP),
• Advocacy Services
• MAPPA,
• Emergency services (Police Scotland, Scottish Fire & Rescue)
• The Carers’ Centre
• Other local authorities, such as Stirling Council (based on a data sharing agreement)

Information could be subject to multi-agency audit for the purposes of generating
service improvements.

You have the following rights under data protection laws. If you have a request under any of these rights, you can make a subject access request.

• The right of access – You have the right to request information we hold about you. This is known as a subject access request and is free of charge. We must respond within one month, although this can be extended to three months if the information is complex.
  
  
• The right to rectification - You are entitled to have your information rectified if it is factually inaccurate or incomplete. We must respond to your request within one month. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner
  
  
• The right to erasure - You have the right to ask us to delete your information or stop using it. It will not always be possible for us to comply with your request, for example, if we have a legal obligation to keep the information. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner.
  
  
• The right to restrict processing - You have the right to restrict how your data is processed in certain circumstances, for example, if the information is not accurate. If a restriction is applied, we can retain just enough information to ensure that the restriction is respected in future. We must tell you if we decide to lift a restriction on processing.
  
  
• The right to data portability – You have the right to object to processing, if we are processing your personal data with your consent, and it is held in a structured, commonly used, machine-readable form, you have a right to ask us to transmit it to another data controller so they can use it. This right does not apply if we process your personal data as part of our public task.
  
  
• The right to object - You can object to your information being used for profiling, direct marketing or research purposes.
  
  
• You have rights 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 complain about or comment on how we have processed your personal information, you should email dataprotection@stirling.gov.uk

If you are still unhappy with how the council handled your complaint, you can contact the UK Information Commissioner's Office at:

The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF

Phone: 0303 123 1113

You can find further information on the Information Commissioners Office website.