Craybeck Law

This Practice Note explores the care assessment process from the initial application to the Local Authority through to the final assessment and the complaints procedure when things go wrong. The law as is stated as at March 2014 but reference is made as to how this may be altered by the coming into force of the relevant part of the Care Act 2014 in April 2015. Reference to relevant external resources and legislation is given.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the modifications to the usual procedures for carrying out care and support needs assessments by local authorities introduced by the Coronavirus Act 2020.

This Practice Note, written by Craig Ward of Lundie, of Craybeck Law, provides an introduction to Assimilated Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR) for LPA attorneys and Court of Protection deputies. It explains when attorneys and deputies will be data controllers (DCs) under DPA 1998 and the UK GDPR and sets out the obligations of attorneys and deputies as DCs. The Practice Note goes on to examine the issue of consent to data processing in the context of mentally incapacitated data subjects (DSs) (also protected persons or vulnerable persons) and looks at scenarios where an attorney or deputy might face a conflict of interest between their role as attorney/deputy and their role as DC. Guidance is also provided for attorneys and deputies on dealing with requests for disclosure.