Complaints, Compliments and Comments Privacy Notice

Who do you keep information about?

We keep information about people who have made a complaint, compliment or comment regarding Council services. This includes:

  1. Adult Social Care Complaints - Adults who we have been assessed and/or provided adult social care services or support (Adult Social Care Complaints, Compliments and Comments).
  2. Children’s Social Care Complaints - Children and families who we have assessed and/or provided children’s social care services or support (Children’s Social Care Complaints, Compliments and Comments).
  3. Public Health Complaints - Individuals who have used public health services commissioned by the Council (Public Health Complaints, Compliments and Comments).
  4. Corporate Complaints - Residents or visitors to Darlington (Corporate Complaints, Compliments and Comments).
  5. Housing Complains - Current and former Council tenants and leaseholders (Housing Complaints, Compliments and Comments).

Why do you keep information about me?

The purpose of the processing of this personal data is to resolve complaints for individuals, learn from the feedback we receive and improve services.

In relation to adult and children’s social care complaints, compliments and comments the processing of personal data is necessary for compliance with a legal obligation and the processing of special categories of personal data is necessary for the provision of social care and the management of social care systems on the basis of UK law i.e. Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 and the Children Act 1989 Representations Procedure (England) Regulations 2006.

In relation to public health complaints, compliments and comments the processing of personal data is necessary for compliance with a legal obligation and the processing of special categories of personal data is necessary for reasons of public interest in the area of public health. The legal obligation on the Council is set out in the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012.

In relation to corporate complaints, compliments and comments processing of personal data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller and the processing of special categories of personal data is necessary for reasons of substantial public interest on the basis of UK law. The Local Government Act 1974 sets out the Local Government and Social Care Ombudsman’s powers to investigate complaints about Councils.

In relation to housing complaints, compliments and comments processing of personal data is necessary for compliance with a legal obligation and the processing of special categories of personal data is necessary for reasons of substantial public interest on the basis of UK law i.e. Section 180 of the Localism Act 2011.

Who can see my information?

The Complaints and Information Governance Team, those investigating your complaint and the service (including commissioned services) to which your complaint, compliment or comment relates will see your information. In joint complaints we may share your information with a partner agency, for example, the NHS and should you refer your complaint to the Ombudsman we will share your information with them and the Council’s Monitoring Officer.

How do you store the information you keep about me?

During the complaints process a file containing correspondence and other relevant documentation (such as written notes, transcripts of conversations, etc) will be maintained by the Responding/Investigating Officer.

Following the conclusion of each stage of the Council’s complaints procedure the Responding/Investigating Officer will send their response and any supporting documents to the Complaints and Information Governance Team. Any irrelevant information will be disposed of in a secure manner (i.e. shredding of paper documents and deletion from electronic systems) by the Responding/Investigating Officer.

All records will be kept electronically in line with the Council’s retention periods

Is my information transferred to a third country or international organisation?

Your information will not be transferred to a third country or international organisation. If in the unlikely event we intended to share your information with a third country or international organisation we would contact you before transferring the information.

How long do you keep information about me?

  1. Adult Social Care Complaints - Mental Health 10 years / All other adults 6 years / Summary - Permanent Offer to Archivist.
  2. Children’s Social Care Complaints - Looked After Children - 75 years from 18th Birthday / Complaints from Foster Carers - 35 years after carer has ceased to foster / Child protection - Destroy 35 years from closure - initial assessment and provision of advice 5 years / Children in need (who have not been adopted or looked after and who have not been the subject of a child protection inquiry) - Destroy 10 years from closure / Process involving individual case management of services or support to unaccompanied minors (eg. Asylum Seekers) if not 'looked after' - Destroy 10 years from closure.
  3. Public Health Complaints – 7 years.
  4. Corporate Complaints – Special Educational Needs (SEN) 35 years from case closure / Management of tenancy - Destroy 12 years after termination of tenancy / 7 years for all other records.
  5. Housing Complaints - Management of tenancy - Destroy 12 years after termination of tenancy.

N.B. There may be times we are required to hold your information for longer or where for technical reasons we are unable to dispose of your information in accordance with the timescale set.

Is my information used to make an automated decision about me and/or for profiling purposes?

No.

What sort of information do you keep?

We may use the following information about you to make sure that we provide you with the right service, advice or support.

Personal data:

  • Name
  • Identification number
  • Location data
  • One or more factors specific to the:-
    • physical
    • physiological
    • genetic
    • mental
    • economic
    • cultural
    • social identity of that natural person.

Special categories of personal data:

  • Racial or ethnic origin
  • Religious beliefs
  • Data concerning health
  • Data concerning a natural person’s sex life or sexual orientation.