Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action.
Who will own my data once I submit it?
Knowsley Council, Department of Adult Social Care.
Why do you need my information?
A key responsibility for local authorities is the protection of adults with care and support needs to keep them safe from abuse and neglect; this is a requirement of the Care Act 2014. We will use your information for the following purposes:
- To fulfil our statutory responsibilities in relation to complying with the multi-agency safeguarding adults policy and procedures in line with legislation and government guidance
- To carry out safeguarding enquiries and other enquiries when there is a concern that an adult may be at risk of abuse or neglect
- Provide you with services and to develop and improve those services
- To deal with any problems or complaints that arise in relation to a service provided
- Information will be assessed to determine whether a safeguarding enquiry under Section 42 of the Care Act, or other type of enquiry, is required and in so doing you or your representative will be asked for your wishes and views on how the enquiry should proceed
- Determine whether it is in the public interest to conduct a safeguarding enquiry even when you may have asked for the enquiry to cease
What allows you to use my information?
The Care Act 2014 sets out a legal framework for how local authorities and other parts of the health and care system should protect adults at risk of abuse and neglect.
It is good practice to seek consent from individuals before sharing their personal data, though not always practical or realistic in the context of adult safeguarding. Information sharing agreements do not in themselves make the sharing of personal and sensitive data legal or ethical. As we have a statutory basis for processing your personal information we do not need to ask your consent to collect and share it, however, we will do so as a matter of good practice. Where consent is refused we will use your information in line with statutory duties and be assured we will only share relevant information with those who have a need to know.
We will share your information in circumstances where:
- there is a serious risk of harm to you or others
- there are concerns that an adult is at risk of or is experiencing abuse or neglect
- For the prevention or detection of a crime
- Where any legislation requires us to share your information.
Who will my information be shared with?
Member organisations of the Multi Agency Safeguarding Hub (MASH) including the Police, Children’s Social Care and Housing (KHT).
Information may also be shared with the following services when necessary:
- NHS commissioners and providers
- Probation services
- Community safety
- Other social care colleagues within Knowsley Council
- Other Local Authority Safeguarding Teams
- Independent advocacy representing the person who is the subject of a safeguarding concern
- Merseyside Safeguarding Adults Board to enable lessons to be learned when practice standards could be improved
- The Care Quality Commission
- Care services
Do I have to provide this information and what will happen if I don’t?
There is a Duty of Care to report actual or suspected abuse or neglect of an adult with care and support needs. Information will be shared with consent where possible, respecting the wishes of those who do not consent to share information. However; this can be overridden in the public interest when a judgement on the facts of the case has been made. The Care Act 2014 places a duty on Local Authorities to complete enquiries when there is reasonable suspicion that an adult with care and support needs is at risk of experiencing abuse or neglect.
Failure to report and complete safeguarding enquiries in relation to safeguarding concerns could mean a person continues to be at risk of abuse and neglect. The person may also not be offered the required support to keep themselves safe. In addition other people may be at risk of similar treatment by the person or organisation who is the alleged source of the risk. Abuse and neglect can result in significant harm or even death. Findings from reviews of serious case have sometimes stated that if professionals or other staff had acted upon their concerns or sought more information, then death or serious harm might have been prevented. (Paragraph 13:46 Care Act Guidance - Updated July 2018).
How long will you keep this data for and why?
Records relating to safeguarding adults concerns will be retained for 10 years from date of last contact or eight years from death.
How will my information be kept secure?
The security of your personal information is important to us. We follow security policies and procedures to control and safeguard access to your personal information. Documents and information gathered will be stored on your individual record on Knowsley Council’s Liquid logic Adult Social Care system (LAS). Access is limited to those who have a genuine business need.
Anyone who receives information from us is also under a legal duty to only use the information for the purpose agreed and to keep the information secure and confidential.
Will my data be transferred overseas and why?
We do not usually process your data outside the UK unless covered by an exemption as outlined in the GDPR regulations (19) and requested to do so if it relates to the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against, and prevention of, threats to public security.
What rights do I have when it comes to my data?
Under the General Data Protection Regulation, 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 someone else
- 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 GDPR, please visit the Information Commissioner’s website.
To request a copy of your data or ask questions about how it is used, please contact:
Data Protection Officer
Or email: Inforights@knowsley.gov.uk
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
Or via the Have Your Say website.
You also have the right to complain to the Information Commissioner’s Office using the following details:
The Information Commissioner's Office
Cheshire SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45