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

Mental Health Service Privacy Notice

May 2018

This notice provides additional privacy information for:

Adults and children in Trafford with mental illness, Acquired Brain Injury, autism and / or a learning disability, who do not meet Continuing Health Care eligibility criteria, and for whom funding applications are made for care packages under the CCG’s Individual Mental Health and Disabilities (IMHaD) process.

Purpose(s)

Funding applications will be made to the CCG on behalf of these patients by GPs or Health and Social Care professionals, via the CCG’s Individual Mental Health and Disability (IMHaD) process.

Under this process funding is requested for individual care packages or mental health treatments which are not routinely commissioned. The applications are made on grounds of exceptional health need or nursing needs above Funded Nursing Care (FNC), and may include consideration of S117 aftercare entitlements where applicable.

Funding may be requested to cover the whole cost of care (for example individual funding of specialised hospital placements) or in part (for example joint-funding contributions with the relevant local authority to community care packages).

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

 To process, assess and review applications made under the IMHaD process and Mental Health and Learning Disability Resource Allocation Panel terms of reference.

 To carry out our duty to

o Commission appropriate and quality care to meet identified needs, including statutory duties under the Mental Health Act

o Provide commissioning review of IMHaD-funded care packages for quality, cost-effectiveness and monitoring purposes

 To ensure individuals receive the Right Care at the Right Time in the Right

Place, in line with CCG ethos, as well as to help identify commissioning gaps

and support service improvements and efficient use of public resources.  Instigate better co-ordinated and safer care across health, social care and

other care related organisations enabled through the appropriate sharing of information. This includes the necessary funding authorisation and contractual

processes in order to enable direct care to be provided effectively and in a timely way.

To monitor statistical data efficiently - e.g. the total number of patients referred, in receipt of funding and reviewed in relation to IMHaD-funded care packages. Such reports do not identify individuals.

Categories of personal data

In order to carry out these purposes we collect and obtain:

Personal Information:

Name, address, Postcode, DOB, telephone number, NHS number, GP Special Category Information:

Race, ethnic origin, religion, disability

Copies of medical or health and social care records and care provider records. Correspondence relevant to the funding application or monitoring process. Criminal Offence Data

Not applicable

Legal basis for processing

The statutory legal basis for processing and sharing your personal information is:  NHS Act 2006

 Health and Social Care Act 2012/15

 The National Health Service Commissioning Board and Clinical

Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

 Mental Health Act (1983 updated 2007)  Mental Capacity Act (2005)

 The Care Act (2014)

 The National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care - November (2012 revised)

 Who Pays? Establishing the Responsible Commissioner (2013)

If statutory or contractual, consequences if information is not provided:

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you to provide Individual Mental Health and Disability (IMHaD) funded care packages, or we may be prevented from complying with our legal obligations to provide a service to those who are eligible

Conditions for Processing Personal Data

The conditions under the data protection legislation we use to process your data are as follows:

Personal Information : Article 6(1)(e) – 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 Information: Article 9 (2)(h) 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 conditions and safeguards.

Information sharing/recipients/3

party processors

We may share personal information about you with the following types of organisations:

 Hospitals  Social Services

 Nursing and Residential Homes  Domiciliary Care Agencies  Brokerage Services

 Voluntary and Community Services  Supported Living Services

 Education Services

 GPs and Primary Care services

 Independent Advocates, Advisors and Experts by Experience as part of Care and Treatment Reviews

Sources if not obtained from data subject

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

 General Practitioners

 Community Mental Health Teams (CMHTs)  Community Learning Disabilities Teams (CLDT)  Hospitals

 Social Services

 Nursing and Residential Homes  Domiciliary Care Agencies

 Specialists eg. Physiotherapy, OT, District Nursing, Neuro Rehab  Families

 Individuals with Power of Attorney

 Independent Advocates, Advisors and Experts by Experience as part of Care and Treatment Reviews

Data Transfers beyond EEA

No, we do not transfer any data outside the European Union

Automated Decisions

For this service:

 All the decisions we make about you involve human intervention

Data retention/criteria

Our Retention Schedule is in accordance with the IGA Records Management Code of Practice for Health and Social Care 2016 which can be found on the CCG or NHS Digital Website.

Rights of individuals

A guide to exercising your rights can be found on the CCG website. This guide also includes information about:

 contacting our Data Protection Officer 

Updates (notice)

We may update or revise this Privacy Notice at any time so please refer to the version published on our website for the most up to date details.