Purpose

The ICB collects information about people with a learning disability, autism or both who are getting care in hospitals for their mental health or because they have displayed behaviour that can be challenging. This is called Assuring Transformation Data. This information tells us:

• How many people with a learning disability and/or autism registered with a The Norfolk and Waveney GP Practice are in hospital
• How long they have been in hospital
• When their care and treatment has been checked
• What kind of hospital they are in.

We do this so that we can make sure people are not in hospital if they would be better looked after in the community.

Legal Basis

NHS Act 2006 and Health and Social Care act 2012 https://www.england.nhs.uk/learning-disabilities/care/atd/

Processing Activities

Every month NHS Norfolk and Waveney ICB securely submits this information to NHS Digital who publish a report on a monthly basis. No personal information is included in this report.

If you are in hospital but do not want the ICB to use your data for the above purpose, you can let us know by contacting us either in writing, via email or by telephone. An “Assuring Transformation Easy Read Leaflet” is available from the ICB which explains the process in more detail. This can be obtained from our website.

Purpose

If you make an application for CHC funding the ICB will use the information you provide, and where needed request further information from care providers, to identify eligibility for funding. If agreed, arrangements will be put in place to arrange and pay for the

agreed funding packages with appointed care providers.

Legal Basis

Direct Care Provision – NHS Act 2006, Health and Social Care Act 2012, National Framework for NHS continuing Healthcare and NHS funded Nursing Care July 2022

Processing Activities

The clinical professional who first sees the patient to discuss their needs will explain what information will be collected and how this will be used to assess and commission a package of care. As information will be required from a variety of sources (i.e., GP, care home, hospital) the assessor will obtain your permission under the common law duty of confidentiality, to contact these organisations to gain the information required to inform the assessment.

The ICB has commissioned the services of Liaison Group to conduct CHC reviews. This will enable the ICB to manage its current backlog of reviews and ensure that patients receive appropriate CHC funding to meet their current needs. Liaison Group will act as a Data Processor on behalf of NWICB, processing personal data to our written instructions in accordance with the DPA and UK GDPR.

Purpose

The ICB also offers a service to retrospectively assess CHC eligibility if the individual was not assessed at all in the past. This is known as a “previously unassessed periods of care”.

Legal Basis

NHS Act 2006, Health and Social Care Act 2012 and National Framework for NHS continuing Healthcare and NHS funded Nursing Care July 2022

Under common law duty of confidentiality, we will seek consent. Your consent will also be requested to access any new health and social

care information that may impact on your eligibility status.

Processing Activities

Limited and authorised clinical members of the CHC Team will contact health and social care providers who have been engaged in your care, and request copies of information that are needed to inform an assessment. This will be done with your consent.

The ICB has commissioned the services of Liaison Group to conduct CHC reviews. This will enable the ICB to manage its current backlog of reviews and ensure that patients receive appropriate CHC funding to meet their current needs. Liaison Group will act as a Data Processor on behalf of NWICB, processing personal data to our written instructions in accordance with the DPA and UK GDPR.

Purpose

The Continuing Healthcare Team provides a “local resolution” service for individuals who wish to appeal against an eligibility decision. The team will use data obtained as part of the application process to check that the original assessment was conducted in accordance with the National Framework for Continuing Healthcare.

Legal Basis

NHS Act 2006, Health and Social Care Act 2012 and National Framework for NHS continuing Healthcare and NHS funded Nursing Care July 2022

Under common law duty of confidentiality, we will seek consent. Your consent will also be requested to access any new health and social care information that may impact on your eligibility status.

Processing Activities

Limited and authorised members of the CHC Team will access information already provided as part of the assessment process. This information will be available from our administration system, Broadcare.

If insufficient information is available to determine eligibility based on the grounds for appeal, the CHC Team will contact other providers engaged in your care to request further information. Only the minimum information needed to inform the appeal will be requested.

All new data and the outcome of the appeal will be recorded within your electronic patient record in Broadcare.

The ICB has commissioned the services of Liaison Group to conduct CHC reviews. This will enable the ICB to manage its current backlog of reviews and ensure that patients receive appropriate CHC funding to meet their current needs. Liaison Group will act as a Data Processor on behalf of NWICB, processing personal data to our written instructions in accordance with the DPA and UK GDPR.

Purpose

Patients that are in receipt of fully funded continuing health care are appropriately safeguarded via authorisation from the court of protection.

A deprivation of liberty is defined as being not free to leave and under continuous supervision and control. Anyone experiencing a deprivation of liberty (DOLS) and lacks capacity to make a decision about their care arrangements must be safeguarded via the appropriate routes. Where people live in their own home or supported living and are in receipt of fully funded continuing health care the responsibility for seeking authorisation of care arrangements which amount to a DOLS is the ICBs responsibility.

Decisions on capacity and best interest are made by continuing health care practitioner where the patient is fully funded for NHS continuing health care.

In order to make applications to the court of protection information relating to the patient will be shared with legal advice and organisation contracted to provide a community deprivation of liberty services on behalf of the ICB

Legal Basis

Article 5 of the human rights act 1998 describes the right to liberty and security which protects an individual’s freedom from unreasonable detention. There are three means of restricting the persons liberty: -

• mental health act, 2005, schedule (A) 1
• criminal justice processes, and
• mental capacity act. 2022 see section 14Z31

Processing Activities

The CHC Team hold information on a recording system called Broadcare, which is collected, stored and processed by the ICBs for the purposes of assessment and administering CHC packages of care this includes DOLS

The ICB has identified a third-party data processor NHS Midlands and Lancashire CSU who is under contract to assist the ICB with reviewing the Broadcare records for patients who are potentially eligible for a DOLS applications for court of protection. They will be responsible for completing the all the necessary paperwork for applications for the court of protection and updating the Broadcare system

Purpose

For an Individual Funding Request (IFR) to fund specialist drugs or rare treatments, including dental care.

Legal Basis

NHS Act 2006 and Health and Social Care Act 2012

Processing Activities

The clinical professional who first identifies that you may need the treatment, will explain to you what information will need to be shared with the ICB and the process in order for us to assess your needs and commission your care.

The ICB will use the information you provide and, where needed, request further information from care providers to identify eligibility for funding. If agreed, arrangements will be put in place to arrange and pay for the agreed funding packages with appointed care providers.

Purpose

The IPP Team commissions and provides ongoing oversight of individual packages of care for patients where there are either; no mainstream services able to support them; or their needs require specialist provisions due to the highly complex nature of their needs.

Legal Basis

Direct Care Provision – NHS Act 2006 and Health and Social Care Act 2012

Processing Activities

As the coordination of care can involve liaising and sharing your personal data with many organisations, the IPP Team will also seek your permission to do so under the common law duty of confidentiality. This will enable the team to fulfil the following functions:

• Clinical management and oversight of patients on an IPP pathway, including conducting regular care reviews and discharge planning processes
• Sourcing appropriate placements
• Negotiating Patient Care Agreements (PCAs) with care providers
• Monitor the   appropriateness   and   effectiveness   of   provider contracts

Limited and authorised members of the IPP Team will use your personal information to contact care providers who are able to deliver specialised care. This information will be used to establish a patient care agreement.

The IPP Team will record all information within our administration system, Broadcare.

Purpose

The NHS Long Term Plan pledges that by 2023/24 children and young people with a learning disability, autism or both with the most complex needs will have a designated keyworker (also known as a Navigator). Norfolk & Waveney were an early adopter site. The Navigator roles are within Norfolk & Waveney ICB.

The aim of the service is to prevent problems from escalating to the point of crisis and to prevent hospital admission or readmission and ensure services ‘wrap around’ the young person and their family so they are able to access the care and treatment they need at home, or as close to home as possible. Navigators will work closely with children, young people and their families to improve their quality of life, ability to cope and to put in place the confidence, skills and knowledge to sustain a safe and happy home.

Legal Basis

NHS Act 2006 and Health and Social Care Act 2012

Processing Activities

Referrals are made to the Navigators service by Norfolk County Council, Suffolk County Council, Norfolk & Suffolk Foundation Trust (NSFT), Norfolk Community Health & Care (NCH&C), Norfolk & Norwich University Hospital (NNUH), James Paget University Hospital (JPUH), Queen Elizabeth Hospital Kings Lynn (QEHKL) and Hertfordshire Partnership University NHS Foundation Trust (HPFT).

The organisations working with families are Family Partnerships, Family Action, SENsational families, Family Voice and Norfolk Parent Carer Network.

The ICB will not be sharing any clinical or social care notes with these providers. Families will be sharing their information directly with these organisations. The child/young person or their parent/carer is asked to sign a Consent Form to agree to be added to the Dynamic Support Register (DSR) and provided with an information leaflet to explain what the DSR is. The consent form also allows appropriate information to be shared between Health, Education & Social Care to enable the child/young person to be safely supported.

The ICB is required to report progress to NHS England on a quarterly basis. This does not include any Personal Identifiable Data.

Purpose

A Personal Health Budget is an amount of money to support the identified healthcare and wellbeing needs of an individual, which is planned and agreed between the individual, or their representative, and the ICB. To support this process, the ICB will process personal confidential data including special category / sensitive data to evaluate, agree and monitor any personal health budgets.

Legal Basis

NHS Act 2006, Health and Social Care Act 2012 and under NHS (Direct Payments) Regulations 2013

Processing Activities

Limited and authorised members of the CHC Team will use your personal information to contact care providers, where you have asked the ICB to support you to arrange your care. We will also process your information to ensure that your care needs are being met in accordance with your care plan and that your budget is appropriate and sufficient to meet your needs.

Purpose

The Medicines Optimisation team supports the ICS with queries and problems concerning medicines. They support the provision of high- quality, evidence-based and cost-effective prescribing and medicines optimisation.

Legal Basis

NHS Act 2006 and Health and Social Care Act 2012

Processing Activities

Data processing is carried out with agreement from the data controller – usually the GP practice. Access to the system is controlled by the GP practice. This does not always involve the use of Patient Identifiable Data e.g. for audits and searches. Your medical record may be accessed in full or Summary Care Record to process certain requests made to us by the GP practice.

Purpose

The Prescription Ordering Direct (POD) is part of the Pharmacy and Medicines Optimisation Team. The service enables patients to order their repeat prescription over the phone, by text message or via an online platform (Footfall) using trained call handlers operating to standard operating procedures.

There are currently 18 practices collaborating with POD in Norfolk and Waveney, please contact your practice for more information or see Prescription Ordering Direct Service (POD) - Norfolk and Waveney (improvinglivesnw.org.uk).

Legal Basis

The ICB POD Service are recipients of a Data Processing Contract to deliver this service on behalf of the GP Surgeries. In accordance with the NHS Act 2006 and Health and Social Care Act 2012

Processing Activities

The call handler can electronically access the patient's clinical record and process the prescription request in the same way that the GP practice would complete this task. The electronic prescription will be sent through to the GP for authorisation, and then sent electronically to the patient’s nominated pharmacy to be dispensed. Any identified issues are communicated directly to the relevant practice member of staff for resolution.

GP records are viewed by POD staff under the supervision of a pharmacy technician to deliver a repeat prescribing service. This includes viewing repeat and acute medication lists, communications from external providers e.g., hospital letters, the journal of care and blood tests. Limited and authorised staff only have access to information to enable them to review and issue prescriptions on behalf of our GP Practices. This is information is not used for any other purpose.

Purpose

The ICB has a responsibility outlined in the Government’s ‘Hospital Discharge Service: Policy and Operating Model’ first published in March 2020 and Hospital discharge and community support guidance- GOV.UK (www.gov.uk)

Section 82 of the NHS Act 2006 requires NHS bodies and local authorities to cooperate with one another to secure and advance the health and welfare of their local population. NHS bodies and local authorities must also comply with duties in the Care Act 2014, which requires them to co-operate with each other in the exercise of their respective care and support functions, including those relating to carers and young carers (section 6 and 7).

Legal Basis

Public Task - Section 82 of the NHS Act 2006

Processing Activities

The ICB facilitates multi-disciplinary meetings with organisations across the Integrated Care System. Data is processed to enable the health and care system to:

• Determine how best to support the individuals who are ready for discharge in an appropriate and proportionate way in the community.
• Monitor performance at key points for the purposes of:
• maintaining system    operational    flow    and    Provider performance
• learning lessons from the data to continuously improve services, and
• identifying opportunities to use system capacity and Provider resources in different ways.

The Home First team support the discharge to Assessment process and manage a referral hub to signpost referrals to the most appropriate services.

Purpose

The ICB supports national vaccine programmes under instruction from NHS England. This involves working with Acute Trusts, Local Authorities, Vaccination Centres, PCN Primary Care Vaccination Hubs to coordinate and deliver vaccination programmes across Norfolk & Waveney. This work will be ongoing due to the updates to JCVI (Joint Committee for Vaccination & Immunisation) guidance regarding patient cohorts and eligibility criteria. Currently the remit of the team is Covid, Flu and Monkeypox, but this may expand dependant on instruction from NHS England.

Legal Basis

Regulation 3(1), (5) & (7) of the Health Service (Control of Patient Information) Regulations 2002 (“the COPI Regulations”) to support the response to Covid-19.

Data Protection Act 2018 – Schedule 1, Part 1, 2(a) preventative or occupational medicine, (b) provision of healthcare of treatment (f) the management of healthcare systems or services or social care systems or services.

Processing Activities

In line with NHS England direction in relation to programmes of vaccination, the ICB is required to process personal confidential information such as – vaccination status, demographics (e.g., name, address, date of birth, contact number), cohort, any relevant conditions or circumstances which may affect vaccination and dates of any previous vaccination doses given.