2022/24929 - Service users mental health condition

REQUEST

 

This is a request for information under the Freedom of Information Act 2000. I would like to request the following information:

• A copy of this police force's protocol for exchanging information about a service users mental health condition with NHS trusts and the CPS.
• Is there a specific protocol for the forces triage scheme? If so, a copy or outline of this.

Moreover:

• An outline of, or document describing what training is given to officers surrounding data protection laws? 
• How is information about a person’s mental health condition stored by this force, what is the protocol surrounding this and for how long can it be retained?

 

RESPONSE

 

From a mental health triage perspective, we are usually sourcing our information direct from health and social care databases (which we have read only access to) with the result that data storage is not an issue from that point of view.

 

Attached is a copy of our mental health leaflet, which provides an overview of our service.

• We hold basic mental health markers for persons we interact with who identify as having mental health issues. These can be declared at custody or to FCR/officers dealing with the person. If the information is prevalent to them being vulnerable or the mental health illness would affect the incident in which the police are responding.
• We would keep this basic information on NICHE, to highlight its importance and ensure officers are appraised of any risks going forward. We are currently working with South Wales Police to look at updating and improving the current way we retain data around mental health markers to ensure continuous improvement of compliance with GDPR and holding only specific information.
• We also have the Ellam, Trinity and Herbert protocol which can only be completed with consent of the person which provides information at first point of contact to assist officers in finding vulnerable missing persons or dealing with incidents which this information would assist them to respond as appropriately informed as possible to avoid emotional or neurodiverse triggers.

 

 

Initial Training Period

 

During the foundation training, student officers receive an Input covering the following Objectives:

 

1. State why data protection is important
2. Explain what personal data includes
3. Explain the Data Protection Principles
4. Explain the Freedom of Information Act

5. State what security measures can help secure our information

 

This input covers considerations around DPA 2018 and how it relates to Human Rights.  It also covers what is meant by ‘Personal Data’ as well as Data Protection principles of the data Protection Act.

The offences related to data protection are also detailed to the student officers.

 

There is reference to what GDPR is, how it applies to officers and examples of breaches.

 

There are also digital lessons from the College of policing.  The following are mandatory in training and they are required to complete them:

 

These are:

 

• Managing Information- Level 1

 

Handling Information

 

This covers DPA 2018 and GDPR

Police responsibilities under these acts

How the police use information

Key terms

What is Information Security

          What mistakes have been made to learn from

 

         

Recording Information

 

This covers how Police record information.

Examples of what can happen if information is not recorded/handled properly such as a police officer’s medical records being incorrectly addressed to a neighbour.

A test for student officers to identify whether information should be recorded or not.

The legal basis for processing personal data.

 

Sharing Information

 

This covers types of sharing – i.e., with other force/other agencies/members of public.

Considerations when sharing to avoid mistakes such as removing personal data/Applying GSC markings/how to deal with errors.