Safeguarding Strategic Team privacy notice

About this notice

Our core data protection obligations and commitments are set out in the council's privacy notice.

This notice provides additional privacy information for the Safeguarding Strategic Teams Deprivation of Liberty Safeguards (DoL) process.

Purpose(s)

We collect your personal information for the following purpose(s):

• The execution of assessments under the Mental Capacity Act (2015) which includes guidance on the Deprivation of Liberty Safeguards Code of Practice 2009.

Categories of personal data

Legal basis for processing

The lawful basis for processing your personal information is:

• Mental Capacity Act (2015) and Deprivation of Liberty Safeguards Code of Practice 2009.

Information sharing / recipients

We will share personal information about you with the following types of organisations or interested parties:

• The Hospital or care home who are providing your care.
• Your representative, whether that be paid or unpaid. In the case of a paid representative we specifically commission an independent advocacy service.
• The Best Interest Assessor and Mental Health Assessor assigned to your case.
• Your assigned social worker or Community Psychiatric Nurse.
• A senior member of Bury Council's signatory team who has the responsibility of scrutinising information surrounding the application and making a decision as to whether the DoL should be authorised.

We may also share your personal information with the following organisations or interested parties:

• An officer investigating abuse against you. This could be either a police officer or trained social worker, in accordance with Section 42 of the Care Act 2014 (Legislation.gov)
• Our legal services department in the event of a legal challenge with regard to your Deprivation of Liberty Authorisation
• The Court of Protection again this would only be in circumstances where a legal challenge has been made with regard to your Deprivation of Liberty Authorisation

As well as information collected directly from you, we also obtain or receive information from:

• Your representative or people interested in your welfare, such as family and friends or paid representative such as a solicitor or advocate
• Your care provider, such as a care home or hospital
• An assigned mental health assessor
• An assigned best interest assessor
• Your allocated social worker or Community Psychiatric Nurse
• Your GP

Automated decisions

For this service all the decisions we make about you involve human intervention

Data retention and criteria

Our retention schedule follows guidance laid out in the Deprivation of Liberty Safeguarding Codes of Practice (National Archives).

Rights of individuals

Information about:

• exercising your rights
• raising a concern with us, or
• contacting our Data Protection Officer
• making a complaint to the Information Commissioner is accessible in privacy notice about exercising your rights here.