Short Breaks Online Referral Form privacy notice

Who will own my data once I submit it?

Knowsley Metropolitan Borough Council (KMBC) is the data controller for the information that you provide. Knowsley Metropolitan Borough Council is committed to protecting your personal information.

Why do you need my information?

The Local Authority has a Statutory Duty under the Children Act 1989 and the Breaks for Carers of Disabled Children Regulations 2011 to provide a range of commissioned short break services. Currently the Council meets this duty through:

• Commissioned Short Break service
• Commissioned Disabled Swimming service
• Small grants Programme
• Short Breaks Fund

The online referral form has been developed to ensure access to the commissioned short breaks services is fair and equitable and that the support given to children with disabilities follows a graduated approach from Universal provision through to more Specialist services.

The online referral form will therefore be used to assess eligibility against a set criterion for each service and may include some automated decision-making.

What Personal Information do we collect?

To assess the eligibility of individuals for the commissioned Short Break support within Knowsley, the Short Breaks Online Referral form will collect all, or some, of the following information from you:

• Personal details (Full Name, date of birth, gender, relationship to child/young person)
• Contact details (Home address, telephone phone number, email address)
• Special Category Data (Medical and health information e.g., primary disability, personal care needs, communication needs, health and social care status and Educational Health Care Plan status)

What allows you to use my information?

All organisations must provide a legal basis for processing your information. In most cases this is found under the Data Protection Act 2018, including the UK General Data Protection Regulation (UK GDPR).

We collect and use your personal information to carry out tasks to comply with our legal obligations, and to carry out tasks in the public interest.  We rely on the following legal basis under UK GDPR:

Article (6)(1)(e), which states that the processing is necessary to perform a task in the public interest or for official functions (task or function has a clear basis in law). This is permitted under:

• Children Act 1989 and 2004
• The Breaks for Carers of Disabled Children Regulations 2011
• Chronically Sick and Disabled Persons Act 1970 (‘CSDPA 1970’)
• Children and Families Act 2014
• Equality Act 2010
• NHS Act 2006 (as amended by the Health and Social Care Act 2012)

When we collect or share special category personal data, we rely upon the following legal bases under UK GDPR:

• Article 9(2)(g), which states that processing is necessary for reasons of substantial public interest

The lawful condition under the Data Protection Act 2018 that governs this processing of personal data is Schedule 1, Part 2, Paragraph 6, statutory and government purposes.

Who will my information be shared with?

Information will be shared as necessary and following information security procedures with the following:

• Teams within the council working to improve outcomes for children and young people i.e. SEND Social Care, Short Breaks Support Officer and Whole Life Commissioning Team
• Commissioned providers of local authority Short Break services

Do I have to provide this information and what will happen if I don’t?

By completing Short Breaks Online Referral form, it will confirm whether you are eligible to access the commissioned Short Break service. Failure to do so, will mean that Knowsley MBC will be unable to provide you with access to the commissioned short breaks services you may be eligible for.

If you wish to opt out of any sharing/use of data here, you can do so at any time by contacting shortbreaks@knowsley.gov.uk

How long will you keep this data for and why?

Your information will only be held for as long as necessary to achieve the relevant purpose unless we are legally required to retain it for a specific period. This will be up to the Childs 25th birthday (unless they are Looked After, Adopted or have Special Educational Needs, in which case this will be until their 75th birthday).

It will only be held for the periods stated in our record retention schedule, after which it will be securely destroyed. This information will be kept electronically.

How will my information be stored?

Your information will be stored securely on our IT system. Access to the systems is restricted to those who are entitled to view and process your data.

Will this information be used to take automated decisions about me?

Yes, automated decisions will be made based on the eligibility criteria for accessing the commissioned Short Break Services. In doing so, the online referral form will ensure that only those eligible are able to progress through the referral, whilst signposting those that are not eligible to other available services.

You have the right to object to automated decisions from happening and can contact shortbreaks@knowsley.gov.uk to speak to the Short Break Support officer to complete the referral directly.

Will my data be transferred abroad and why?

No

What rights do I have when it comes to my data?

Under the Data Protection Act (DPA) 2018/ UK General Data Protection Regulation (UK GDPR), you have the following rights with regards to your personal data: -

• The right to subject access – you have the right to see a copy of the personal data that the council holds about you and find out what it is used for
• The right to rectification – you have the right to ask the council to correct or remove any inaccurate data that we hold about you
• The right to erasure (right to be forgotten) you have the right to ask the council to remove data that we hold about you
• The right to restriction – you have the right to ask for your information to be restricted (locked down) on council systems
• The right to data portability – you have the right to ask for your data to be transferred back to you or to a new provider at your request
• The right to object – you have the right to ask the council to stop using your personal data or to stop sending you marketing information or complain about how your data is used
• The right to prevent automated decision making – you have the right to ask the council to stop using your data to make automated decisions about you or to stop profiling your behaviour (where applicable)

To find out more about your rights under the DPA 2018/UK GDPR, please visit the Information Commissioner’s website.

You can request a copy of your data or ask questions about how it is used by visiting our website here: Subject access request | Knowsley Council

By email to: Inforights@knowsley.gov.uk

Or in writing to:

Data Protection Officer
Knowsley Council
Nutgrove Villa
Westmorland Road
Huyton
L36 6GA

Who can I complain to if I am unhappy about how my data is used?

You can complain directly to the Council’s Data Protection Team by writing to: -

Data Protection Officer
Knowsley Council
Nutgrove Villa
Westmorland Road
Huyton
L36 6GA

Or email: data.protection.officer@knowsley.gov.uk

You also have the right to complain to the Information Commissioner’s Office using the following details: -

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: www.ico.org.uk