Adult Social Care Services Complaints Privacy Notice

Please read the Council’s general privacy notice as well as this notice

What we do

Adult Social Care Commissioning provide an Adult Social Care complaints service, which includes investigating and responding to your complaint.

The purposes we use your personal information for

We collect and process your personal information to provide these services to you. This will include:

  • Investigating and responding to your complaint
  • To deliver services and support you
  • To enable us to manage the services we provide
  • To train and manage our workers who deliver those services
  • To investigate any worries or complaints you may have about our supplies and services
  • To check the quality of supplies and services
  • To help with research and planning of new services

The personal information we collect and use

We only obtain and use the information we need to provide our services to you. We also obtain and use special category information.

The law we use to process your personal information

Statutory legislation

The main legislation that provides us with the statutory basis to deliver our services is:

  • Care Act 2014
  • Community Care Act 1990
  • Care Act 2014
  • Mental Health Act 1983
  • Mental Capacity Act 2005
  • Local Authority Social Services and National Health Service (NHS) Complaints(England) Regulations 2009

The GDPR/DPA conditions we meet

The conditions that we use to process your personal information are:

General Data Protection Regulation (GDPR) 2018

Article 6 – Lawfulness of Processing

  • A) processing is necessary for compliance with a legal obligation to which the controller is subject
  • B) processing is necessary in order to protect the vital interests of the data subject or of another natural person
  • C) 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

Special category personal information

We also use these additional conditions to process your special category personal information:

Article 9 – Special Categories of Personal Data

  • (a) 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 on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3.
  • Paragraph 3: Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.

Who we may share your information with

We use a range of organisations to either store personal information or to help deliver our services to you. Sometimes we have a legal duty to provide your personal information to other organisations:

We may also share your personal information with organisations:

  • The Local Government and Social Care Ombudsman
  • Independent Complaint Investigators
  • Health Professionals
  • Hospitals
  • General Practitioners
  • NHS Community Services
  • NHS Clinical Commissioning Groups
  • Independent agencies providing care and support
  • South West Ambulance Service
  • Police
  • Dorset and Wiltshire Fire and Rescue Service
  • Housing Associations
  • Department for Work and Pensions
  • Financial services for benefit advice and financial assessments
  • Volunteer services (food bank)
  • Advocacy services
  • Other BCP Council Department
  • Other Local Authorities
  • Court of Protection
  • Office of the Public Guardian
  • Support and advice services
  • Court of Protection
  • Office of the Public Guardian
  • Local Government Ombudsman
  • In instances of complaint, we may share information with independent complaint investigators

We may also share your personal information with other services within the Council, where relevant, for the investigation and response to your complaint.

If we need to share your information with an organisation delivering a service on behalf of the Council, we will contact you to seek your permission to do so.

How long we keep information about you

We will retain this information for 8 years as stated in our Retention Schedule.