Data Controller: Dudley Metropolitan Borough Council
Dudley Council Adult Social Care (ASC) Finance Team collects personal and financial information for the following purposes:
Your personal information is processed in order to fulfil a public task.
The Care Act 2014 provides a framework for charging for care and support. It enables a local authority to decide whether to charge a person when it is arranging to meet a person’s care and support needs. Where the authority does charge, it should ensure that people should only be required to pay what they can afford and must follow the Care and Support (Charging and Assessment of Resources) regulations 2014.
In order to determine what a person can afford to pay the local authority must undertake a financial assessment.
Sections 34-36 of The Care Act and the Care and Support (Deferred Payments Agreements) regulations 2014 means that people should not have to sell their home in their lifetime to pay for care. Local authorities must offer them to people who meet the criteria.
The Court of Protection makes decisions and appoints Deputies to make decisions in the best interests of those who lack capacity. In becoming a Deputy, the local authority must have regard to The Code of Practice under The Mental Capacity Act 2005
Under the Public Health (Control of Diseases) Act 1984, the local authority has a statutory duty to make arrangements for the funeral of any person who has died or is found dead in the borough of Dudley, where it appears that no suitable funeral arrangements have been made, or are being made.
ASC Finance may collect and processes a range of information about you. This includes:
The information may be collected in a variety of ways. For example, data might be collected through assessment forms, telephone conversations with you or your representative, from your care provider(s), from correspondence with you, or through meetings or other assessments.
In some cases, ASC Finance may collect personal and financial data about you from third parties, such as former employers, care and support providers, Department for Work and Pensions and from other internal departments such as Revenues and Benefits.
Data will be stored within different financial and social care systems dependent on the services you are receiving, or have received. These systems operate on the Council’s secure network and are maintained in secure data centres that comply with strict security standards.
Your information will be shared internally, for the purposes of fraud detection and safeguarding and externally in order to verify benefit and financial information, to ensure your income is maximised and to ensure charges are correct and administered in a timely manner. Where there is a legal requirement to do so information will also be shared for the purposes of crime detection and prevention e.g. with the police.
ASC Finance will share your personal information with tracing agencies in certain circumstances, such as:
The standard adult social care record retention is 6 years after an adult social care service has ended. However, there are also a range of other retention periods affecting different information and service need and these range from 1 year – 11 years depending on the type of information and service. Nb. Mental Health record retention is covered by the Mental Health Services Privacy Notice
Please note: stated retention periods may be subject to any legal holds imposed under the Inquiries Act 2005 that may concern the information and override standard retention.
The council has a records retention, destruction and archive policy that is available on request from:
Dudley MBC
Corporate Information Governance Team
Council House
Dudley
West Midlands, DY1 1HF
Telephone: 013874 845607
Email : information.governance@dudley.gov.uk
If you do not provide certain information, this will hinder the ability of ASC Finance to administer their charging policies effectively. You may end up being over or undercharged for care and support, not receiving benefits that you may otherwise be entitled to and/or not have your finances managed in line with the expectations of the court of Protection.