When people seek the help of Social Services we have to collect information about them. This means basic details like name, address, date of birth, ethnic origin. In order to provide services we do an assessment of someone’s needs which means collecting a lot more personal information.

What are our duties regarding the information we gather?

We have a duty to keep this information confidential. This means that even the fact you have contacted us is a confidential matter. A great deal of information is held on computer and we have a duty to ensure there are safeguards to ensure only authorised people have access to the computer records as well as to paper files. The Data Protection Act 1998 sets out the law regarding personal information kept by organisations such as Social Services.

All Social Services staff are aware of their duty to keep any information about service users confidential. This also applies to other organisations we work with such as private care agencies. We also work closely with NHS staff such as Community Nurses, and similar rules apply within the NHS.

Who in the Council will see my information?

It may be necessary for people to have access to your information other than just the person who collects it. Administrative staff, other social work staff and managers need to be able to access it, in case your allocated worker is not available.

Often the Government requires us to submit statistical information, but this usually does not identify an individual. Our services are also subject to audit and inspection by officials from the Department of Health who may visit and inspect records.

What about the Internet and Email?

We may need to send information to appropriate colleagues electronically, but there are strict rules and technical safeguards that apply to stop unauthorised access. We will not send client information over the internet unless the connection is secure.

Who will we share information with?

We often have to share information with the other people who are or will be providing a service to you. This is good practice and ensures that the services you receive are properly organised. It also means that you should not have to give the same information to different people involved in planning and providing your care. The kind of people we may share information with are:

• Home Care agencies and their staff
• Community Nurses
• Your GP
• In hospital, the team of doctors, nurses, occupational therapists, physiotherapists and so on who are looking after you, often known as the Multidisciplinary Team.
• Anyone who is or will be providing care for you
• Anyone who will be providing a service e.g. if you are going to a residential unit, the manager of the unit, or a voluntary organisation which is going to help you.

Your Consent

Whenever possible, your consent is asked for before information is shared with other agencies. If you are having a Community Care Assessment you will be asked to sign a form (CM3) to indicate that you give your consent to us sharing information with relevant parties such as those listed above.

However, if there is any particular information which you do not wish to be shared in this way, you should tell the person conducting your assessment. They will record this so that anyone from Social Services who may deal with your case is aware of your concern. For example, you may not wish information to be shared with certain members of your family.

You are entitled to withdraw your consent at any time.

Can we disclose information about you without your consent?

In certain restricted circumstances we can pass on information without your consent.

Under the Common Law, we could do so in order to protect your safety in an emergency. However we cannot disclose information just because we think it is for your own good – the situation must be extreme, .e.g if you are very ill and unable to make decisions.

Similarly we could disclose information in order to protect the safety of another person.

Can I see my records?

Users of Social Services are entitled to see information held on file about them with certain exceptions. If you wish to see you records please ask for leaflet ‘Seeing Your Records’ obtainable from your local Social Services office.

People with HIV/AIDS

People with HIV/AIDS often have particular concerns about confidentiality.  The general guidelines in this leaflet also apply to people with HIV/AIDS. Your records are therefore, technically accessible to staff such as administrative staff and managers within Adult Social Services.  All our staff are under a duty of confidentiality and are instructed to take particular care not to disclose your HIV status to anyone without your specific consent. If you have agreed that your HIV status can be disclosed, for example to a provider of a particular service, we may ask you to sign a statement to say that you have given your permission for us to do this. If you have any concerns regarding confidentiality, please talk to your social worker.

Your local Social Services offices are:

List of Adult Care information sheets