Ian Gillman-Smith Privacy Notice
- Contact details: Ian Gillman-Smith
- Psychotherapist, Independent Social Worker and Expert Witness
- Mobile: 07858005672
- Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
What type of information we have:
With regards to work undertaken as Independent Social Worker and Expert Witness, for example providing assessment, medico-legal reports, filed with various Courts and providing oral evidence in Court, instructions are invariably from Solicitors, the Official Solicitor/ Local Authorities, CCGs and occasionally Litigants in Person. Often instructions are joint by all or a number of identified parties. In the course of such work, information such as address, contact details, race, ethnic origin, mental and physical health (including historical information), family history, risk profile including criminal convictions (where applicable) and care needs will be processed.
With regards to work undertaken as a psychotherapist information will be processed, with regards to an initial enquiry, an initial assessment and the course of therapy and will include information such as address, contact details, race, ethnic origin, mental and physical health (including historical information), family history, risk profile including criminal convictions (where applicable) and care needs will be processed.
How we get the information and why we do we have it:
With regards to work undertaken as Independent Social Worker and Expert Witness, information is typically collected from the instructing party/ parties and typically where there are several parties, one party will be identified as the lead for the purpose of that instruction, with respect to the dissemination of documents and also the point of contact, in relation to the instructions.
In the course of assessments undertaken by Ian Gillman-Smith, data will be collated and then presented in expert reports. Data collection/ assessment/ interview can be face to face, via telephone or/ and via video link. The assessment itself will be recorded using a number of different formats, which will include hand written notes, audio recording and typed notes. The most appropriate format of recording such information will be considered by Ian Gillman-Smith on a case by case basis at the relevant time. This data is typically set out in expert reports and where possible, it is presented as fully as possible.
Sources of information will vary, however will include Local Authorities, CCG's, Third Sector Providers, direct interviews with the individual, with their family, with professionals providing intervention to the identified individual, the respective Parties legal representatives and the Court (where applicable).
With regards to work undertaken as a psychotherapist Ian Gillman-Smith is typically approached directly by the individual (prospective client) seeking therapy. However initial contact may also be from a relative, friend or health care professional.
What we do with the information:
With regards to work undertaken as Independent Social Worker and Expert Witness the data processed is typically set out in expert reports and where possible, it is presented as fully as possible, which will allow for the formulation of an expert opinion and evidence of how this is informed and derived will be contained and identifiable within the expert report.
Where a Court Order directs the instruction of Ian Gillman-Smith as the identified independent expert witness, information will be shared according to that Court Order. Assessments undertaken will be in accordance with specific Acts of law, for example (but not exclusively) the Mental Health Act (1983), Mental Capacity Act (2005) and Care Act (2014). Such Acts and related Codes of Practice, where applicable, shall be the statutory framework and guidance for any independent expert reports. All independent social work reports will accord with Part 35 and Practice Direction 35, and the Protocol for the Instructions of Experts to give Evidence in Civil Claims (2005) as amended, and this will be the benchmark for all report writing, even when such reports are not necessarily part of any current Court proceedings, at the time of the instruction.
With regards to work undertaken as a psychotherapist and professional supervisor, where digital audio recordings are used, these will typically be shared directly with the client/ supervisee either via an ‘airdrop’ function or a shared cloud file, such as 'dropbox'. Any shared file is only shared between Ian Gillman-Smith and the identified client/ supervisee. Where there is to be communication with a third party, this would be with the knowledge and consent of the client/ supervisee. This is with the expectation of where disclosing such information sharing was considered to pose a threat in some way to life or limb or represent a significant risk of emotional or physical harm.
With respect to potential psychotherapy or supervision, individuals will provide consent and will sign a therapy/ supervision contract which refers to how information is processed and confidentiality, and this will be completed at the start of psychotherapy/ supervision.
For all professional roles undertaken by Ian Gillman-Smith processing of information is necessary for the purposes of the provision of health or social care, assessment, or treatment or the management of health and social care needs.
For all professional roles, personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
How we store your information:
With regards to work undertaken as Independent Social Worker and Expert Witness all hard copy data (received for the purpose of an instruction from a ‘Data Controller’ where Ian Gillman-Smith is the ‘Data Processor’) will be reviewed annually and securely collected and disposed of by a confidential waste provider. Retained hard copy data will be kept in a secure locked cabinet and secure office.
For all roles, all electronic data is stored on iCloud, including electronic health and social care information. Electronic data is not downloaded to a hard drive and working documents are saved on an iCloud desktop. For example should a lap top be lost or stolen, any information on that device can be remotely wiped, whilst data remains secure in the iCloud. All electronic devices used to access data are password protected and only Ian Gilman-Smith has access to such passwords. All documents created by Ian Gilman-Smith which contain identifiable information about the individual, which is to be shared with identified others, will be sent as a password protected document to the intended recipient only for example the individual/s identified in a Court Order or/and the named individual identified as the recipient in any letter of instruction.
Hard copy written and digital information, where Ian Gillman-Smith can be identified as the ‘Data Controller’ will be kept for a minimum of six years. This is to cover any claims of negligence. A complaint against a professional with respect to fitness to practice which is made five years after the alleged incident can be considered if it is identified that such an investigation is in the public interest. Typically a complaint should be made within three years of the alleged incident. This is the rationale for retaining these records for the said period of time. Emails will be deleted at regular periods.
Your data protection rights
With regards to work undertaken as Independent Social Worker and Expert Witness it is typical that for instructions, Ian Gillman-Smith is the ‘Data Processor’ and the instructing party/ parties are identified as the ‘Data Controller’. However given the varying nature of instructions and the source of instructions, this would be identified on a case by case basis.
With regards to work undertaken as a psychotherapist and professional supervisor it is typical that Ian Gillman-Smith will be the ‘Data Controller’ in the course of undertaking such work.
Under data protection law, you have rights, which are:
Your right of access - You have the right to ask us for copies of your personal information.
Your right to rectification - You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing - You have the right to ask us to restrict the processing of your information in certain circumstances.
Your right to object to processing - You have the the right to object to the processing of your personal data in certain circumstances.
Your right to data portability - You have the right to ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
How to complain:
You can also complain to the Information Commissioners Office (ICO) if you are unhappy with how your data has been used.
The ICO’s address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline number: 0303 123 1113