Privacy Notice – Together for Families
1. Introduction – explanation of privacy and the policy
1.1. We, Together for Families Directorate, Cornwall Council, New County Hall, Truro, TR1 3AY, Data Protection Registration Number: Z1745294 are committed to protecting and respecting your privacy.
For further information or assistance on Data Protection matters, please contact the Practice Development and Standards Service on 01872 327617 or e-mail firstname.lastname@example.org
1.2. This Privacy Notice sets out the basis by which any personal data we collect from you, or that you provide to us, will be processed by us, in accordance with the General Data Protection Regulations (GDPR) and the Data Protection Act 2018.
2. Purpose of data processing
2.1 Cornwall Council provides social care, health and education services through its Together for Families Directorate and in partnership with health organisations. The Council needs to collect information about you in order to provide these services and, depending on the service, information about your family and other people associated with your case. The Council retains case histories in line with retention schedules or as long as we are legally required to and you will be advised on how long we will retain the data when it is collected.
Children’s Health and Wellbeing services transferred into the Council in April 2019 to integrate education, early years, children’s community health, early help and social care services. As a result of this service user records held by Cornwall Partnership NHS Foundation Trust (CPFT) in the health visiting, school nursing and the speech and language therapy teams (SALT) have been transferred to the Council.
2.2 The Council needs to use this personal and often sensitive information to help make the right decisions about the type of service, healthcare or treatment you need, and to check whether the services are helping you as they should. The Council will always comply with the General Data Protection Regulation, and the Data Protection Act 2018.
2.3 The Council provides services in partnership with other agencies and providers on your behalf. Children and families, education and child health and wellbeing care workers in Cornwall often work together in teams providing support to people living in the community. Sometimes some of the information held needs to be shared with staff working in other Council departments and staff employed by the Police, Schools, NHS, other Health organisations and also other charities or organisations working on our behalf.
2.4 Together for Families may have access to additional funding that could enhance service provision such as “Supporting Families” and may therefore review your data for the purposes of confirming eligibility.
When we collect the data we will advise you who it will be shared with and why.
This is to ensure that you receive appropriate care, support and treatment. Sharing this information also helps avoid you being asked for the same information more than once.
3. Why we need information about you
3.1 To allow us to undertake accurate assessments and reviews of your social care, educational, early help and support needs.
3.2 To ensure you receive services best suited to your needs and circumstances.
3.3 To help us monitor and improve services.
3.4 To support the delivery of appropriate healthcare and treatment.
4. Why we need information about other people in relation to your case
4.1 To allow us to most effectively assist the people who are providing you with care and support.
4.2 To allow us to protect you better, particularly if you are vulnerable or at risk.
5. How we will use your information
Cornwall Council is required under the Children and Social Work Act 2017 and Health and Social Care Act 2012, to process your information where it is necessary for compliance with a legal obligation or to provide you with a requested service, support or information from Together for Families. When we process your data if it is done in accordance with a statutory requirement we will advise you of the statutory basis for processing.
Most of the time children's community health personal data (ie data collected by health visiting, school nursing and speech and language therapy teams) is anonymised before it is used for research and planning purposes so that individuals cannot be identified. However, when children's community health personal information might be used for research and planning purposes, you have a choice about whether we use personal information this way under the National Data Opt-Out.
If you are happy with this use of personal information you do not need to do anything.
If you do choose to opt out of children's community health personal information being used for research and planning purposes, personal information will still be used to support individual direct care.
You can change your mind about your choice at any time.
Cornwall Council Together for Families Directorate (Children’s Community Health Service) is currently compliant with the national data opt-out policy and we will apply your choice to any confidential personal information we use or share for purposes beyond individual care and support.
Together for Families services operate within a complex legal framework, supplemented by a significant body of statutory guidance. The primary legislation and guidance include:
- Childcare Act 2006
- Chronically Sick & Disabled persons Act 1970
- Police and Criminal Evidence Act (PACE) 1984: Code C 3.15
- Children Act 1989
- United Nations Convention on the Rights of the Child 1989
- The Carers (Recognition & Services) Act 1995
- Education Act 1996 (particularly Section 2)
- Education Act 2011 (particularly Section 74)
- Housing Grants, Construction & Recognition Act 1996
- The Crime and Disorder Act 1998
- Human Rights Act 1998
- Data Protection Act 2018
- Youth Justice and Criminal Evidence Act 1999
- Children Leaving Care Act 2000
- Care Standards Act 2000
- The Carers & Disabled Children Act 2000
- Adoption and Children Act 2002
- Criminal Justice Act 2003
- Children Act 2004
- Code of Practice for Victims 2006 (Victim’s Charter)
- Achieving Best Evidence 2007
- Children and Young Persons Act 2008
- Criminal Justice and Immigration Act 2008
- Information Sharing: Guidance for practitioners and managers 2008
- Equalities Act 2010
- Care Planning, Placement and Case Review Regulations 2010
- Short breaks statutory guidance 2010
- Legal Aid, Sentencing and Punishment of Offenders 2012
- Working Together 2015
- Children & Families Act 2014
- Special Educational Needs Code of Practice 0-25 years 2015
- Care Act 2014
- School Premises (England) Regulations 2012
- School Standards and Framework Act 1998
- The Special Educational Needs and Disability Regulations 2014
- Care Planning Regulations 2015
- Working Together 2018
- Nurses, Midwives and Health Visitors Act 1997
- Access to Health Records Act 1990
- Public Records Act 1958
- Health and Social Care Act 2012
- Copyright Design and Patents Act 1988
- The Special Educational Needs and Disability (Amendment) Regulations 2015
- Re-Use of Public Sector Information Regs 2004
- Computer Misuse Act 1990
- Common Law Duty of Confidentiality
- NHS Care Records Guarantee for England
- Social Care Records Guarantee for England
- International information Security Standards
- Information Security Code of Practice
- Records Management Code of Practice for Health & Social Care 2016
- Accessible Information Standards
6. Who we will share your information with
6.1 We will only use this information in conjunction with the services provided to you by Together for Families. We may also share your information with colleagues within the NHS and health colleagues if this is necessary to enhance the support we provide, or to protect another person or where we have a legal obligation to share with another public body.
6.2 Whenever we require your consent to share your information , we will always ask you and clearly explain why we are asking.
7. Will we share information without consent or knowledge?
In the following circumstances, the law allows information to be shared without your consent or knowledge:
7.1 To aid in the prevention and/or the detection of crime.
7.2 If your behaviour constitutes a serious risk of harm to yourself, others, including any children to whom you may have access.
8. Your Data Rights
Your personal information belongs to you and you have the right to:
- Be informed of how we will process it.
- Request a copy of what we hold about you and in commonly used electronic format if you wish (if you provided this to us electronically for automated processing, we will return it in the same way).
- Have it amended if it is incorrect or incomplete.
- Have it deleted (where we do not have a legal requirement to retain it).
- Withdraw your consent if you no longer wish us to process.
- Restrict how we process it.
- Object to us using it for marketing or research purposes (if it is used for this purpose).
- Object to us using it in relation to legal tasks or in the exercise of an official duty.
- Request that a person reviews an automated decision where it has had an adverse effect on you.
9. Accessing your data
If you would like to access any of the information we hold about you or if you have concerns regarding the way we have processed your information, please contact:
Data Protection Officer
Tel: 01872 326424
10. Complaints, Compliments and Comments
Our complaints team can be contacted via the following address:
Quality Assurance Business Manager
Together for Families
Tel: 01872 323164
We would prefer any complaints to be made to us initially so that we have the opportunity to see if we can put things right. However, if you are unhappy with the way we have processed your information or how we have responded to your request to exercise any of your rights in relation to your data, you can raise your concerns direct with the Information Commissioner’s Office. Tel: 0303 123 1113 or online.