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34 Essex WayBenfleetEssex, SS7 1LTTel: 01268 792000 / 792203
Weekend routine appointments are available. These appointments will be available either at Audley Mills Surgery - Rayleigh or Hawksbury Road Surgery - Canvey Island.
Please speak to Reception for more details.
ESSEX WAY SURGERY SAFEGUARDING CHILDREN, YOUNG PEOPLE AND ADULTS INFORMATION LEAFLET
SAFEGUARDING INFORMATION LEAFLET
All patient information, whether written or computerised is deemed confidential. We have a strict confidentiality policy to which all of our staff adheres.
Please remember that if you are accompanied by a friend or relative they may hear or see confidential information about you.
We keep your personal information and details of your care within the surgery. Occasionally we may need to share this information with other departments within the NHS or another agency. This information is only shared if there is a genuine need and that it is in yours and everyone's best interest.
The sharing of information is strictly governed by law. Anyone receiving information is under legal duty to keep it confidential. Where possible we will remove any identifying details. This information sharing only takes place to ensure the smooth running of your care.
From May 2010, the new NHS Care Records Service comes into practice. You will benefit from new computerised health records. This will be a shared record containing basic information about you between NHS staff providing your treatment. You can choose to opt out of this scheme.
We hold both computer and paper based records which you are welcome to see at any time subject to a £10.00 access fee (copying charges are extra). If you have any questions or queries, please ask a member of staff.
If you have a comment or suggestion about the surgery please use the online form located in the Contact Details page of this website.
Missed Appointments - Please telephone the surgery to cancel your appointments if you are unable to attend.
The surgery does have a policy in place that if you do not attend 3 or more appointments we will consider removing you from the practice list.
We welcome your opinion about the services we provide. If you have a complaint, please ask to speak to the practice manager. A full copy of the complaints procedure is available on request. The practice will not in any way be influenced when a Patient makes a complaint. The patient should continue to feel free to consult a GP or nurse as normal.
The Parliamentary and Health Service Ombudsman website contains detailed information on raising a complaint about any aspect of the NHS in England. There is also a leaflet explaining the procedure of bringing a complaint to the ombudsman.
Violent and Abusive Patients
For the safety of staff and patients at the Surgery, this Practice has a ‘Zero Tolerance Policy’ in place, in respect of violence and aggressive behaviour, by patients or their relatives, to the Practice personnel or other patients.
We strongly support the NHS policy on zero tolerance. Anyone attending the Surgery that abuses the GPs, staff or other patients, be it verbally, physically or in any threatening manner, whatsoever, will risk removal from the Practice list. In extreme cases we may summon the Police to remove offenders from the Practice premises.
To make a significant contribution to their own, and their family’s, good health and well-being, and take some personal responsibility for it.
Your Information, Your Rights
Being transparent and providing accessible information to patients about how we will use your personal information is a key element of the Data Protection Act 2018 and the EU General Data Protection Regulations (GDPR).
The following notice reminds you of your rights in respect of the above legislation and how your GP Practice will use your information for lawful purposes in order to deliver your care and the effective management of the local NHS system.
This notice reflects how we use information for:
As your registered GP practice, we are the data controller for any personal data that we hold about you.
What information do we collect and use?
All personal data must be processed fairly and lawfully, whether is it received directly from you or from a third party in relation to the your care.
We will collect the following types of information from you or about you from a third party (provider organisation) engaged in the delivery of your care:
Your healthcare records contain information about your health and any treatment or care you have received previously (e.g. from an acute hospital, GP surgery, community care provider, mental health care provider, walk-in centre, social services). These records may be electronic, a paper record or a mixture of both. We use a combination of technologies and working practices to ensure that we keep your information secure and confidential.
Why do we collect this information?
The NHS Act 2006 and the Health and Social Care Act 2012 invests statutory functions on GP Practices to promote and provide the health service in England, improve quality of services, reduce inequalities, conduct research, review performance of services and deliver education and training. To do this we will need to process your information in accordance with current data protection legislation to:
How is the information collected?
Your information will be collected either electronically using secure NHS Mail or a secure electronic transferred over an NHS encrypted network connection. In addition physical information will be sent to your practice. This information will be retained within your GP’s electronic patient record or within your physical medical records.
Who will we share your information with?
In order to deliver and coordinate your health and social care, we may share information with the following organisations:
Your information will only be shared if it is appropriate for the provision of your care or required to satisfy our statutory function and legal obligations.
Your information will not be transferred outside of the European Union.
Whilst we might share your information with the above organisations, we may also receive information from them to ensure that your medical records are kept up to date and so that your GP can provide the appropriate care.
In addition we receive data from NHS Digital (as directed by the Department of Health) such as the uptake of flu vaccinations and disease prevalence in order to assist us to improve “out of hospital care”.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information that has been collected lawfully. Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential. We maintain our duty of confidentiality by conducting annual training and awareness, ensuring access to personal data is limited to the appropriate staff and information is only shared with organisations and individuals that have a legitimate and legal basis for access.
Information is not held for longer than is necessary. We will hold your information in accordance with the Records Management Code of Practice for Health and Social Care 2016.
Consent and Objections
Do I need to give my consent?
The GDPR sets a high standard for consent. Consent means offering people genuine choice and control over how their data is used. When consent is used properly, it helps you build trust and enhance your reputation. However consent is only one potential lawful basis for processing information. Therefore your GP practice may not need to seek your explicit consent for every instance of processing and sharing your information, on the condition that the processing is carried out in accordance with this notice. Your GP Practice will contact you if they are required to share your information for any other purpose which is not mentioned within this notice. Your consent will be documented within your electronic patient record.
What will happen if I withhold my consent or raise an objection?
You have the right to write to withdraw your consent to any time for any particular instance of processing, provided consent is the legal basis for the processing. Please contact your GP Practice for further information and to raise your objection.
Health Risk Screening / Risk Stratification
Health Risk Screening or Risk Stratification is a process that helps your GP to determine whether you are at risk of an unplanned admission or deterioration in health. By using selected information such as age, gender, NHS number, diagnosis, existing long term condition(s), medication history, patterns of hospital attendances, admissions and periods of access to community care your GP will be able to judge if you are likely to need more support and care from time to time, or if the right services are in place to support the local population’s needs.
To summarise Risk Stratification is used in the NHS to:
Your GP will routinely conduct the risk stratification process outside of your GP appointment. This process is conducted electronically and without human intervention. The resulting report is then reviewed by a multidisciplinary team of staff within the Practice. This may result in contact being made with you if alterations to the provision of your care are identified.
As mentioned above, you have the right to object to your information being used in this way. However you should be aware that your objection may have a negative impact on the timely and proactive provision of your direct care. Please contact the Practice Manager to discuss how disclosure of your personal data can be limited.
Sharing of Electronic Patient Records within the NHS
Electronic patient records are kept in most places where you receive healthcare. Our local electronic systems (such as SystmOne, EMIS and Eclipse) enables your record to be shared with organisations involved in your direct care, such as:
In addition, NHS England have implemented the Summary Care Record which contains information including medication you are taking and any bad reactions to medication that you have had in the past.
In most cases, particularly for patients with complex conditions and care arrangements, the shared electronic health record plays a vital role in delivering the best care and a coordinated response, taking into account all aspects of a person’s physical and mental health. Many patients are understandably not able to provide a full account of their care, or may not be in a position to do so. The shared record means patients do not have to repeat their medical history at every care setting.
Your record will be automatically setup to be shared with the organisations listed above, however you have the right to ask your GP to disable this function or restrict access to specific elements of your record. This will mean that the information recorded by your GP will not be visible at any other care setting.
You can also reinstate your consent at any time by giving your permission to override your previous dissent.
Your Right of Access to Your Records
The Data Protection Act and General Data Protection Regulations allows you to find out what information is held about you including information held within your medical records, either in electronic or physical format. This is known as the “right of subject access”. If you would like to have access to all or part of your records, you can make a request in writing to the organisation that you believe holds your information. This can be your GP, or a provider that is or has delivered your treatment and care. You should however be aware that some details within your health records may be exempt from disclosure, however this will in the interests of your wellbeing or to protect the identity of a third party. If you would like access to your GP record please submit your request in writing to:
Essex Way Surgery, 34 Essex Way, Benfleet, Essex, SS7 1LT
MY CARE RECORD(INFORMATION SHARING)
In the event that your feel your GP Practice has not complied with the current data protection legislation, either in responding to your request or in our general processing of your personal information, you should raise your concerns in the first instance in writing to the Practice Manager at:
If you remain dissatisfied with our response you can contact the Information Commissioner’s Office at Wycliffe House, Water Lane, Wimslow, Cheshire SK9 5AF – Enquiry Line: 01625 545700 or online at www.ico.gov.uk
National Data Opt-Out
Privacy Notice – Direct Care, (routine care and referrals)
Essex Way Surgery
This practice keeps data on you relating to who you are, where you live, what you do, your family, possibly friends, your employers, your habits, your problems and diagnoses, the reasons you seek help, your appointments, where you are seen and when you are seen, who by, referrals to specialists and other healthcare providers, tests carried out here and in other places, investigations and scans, treatments and outcomes of treatments, your treatment history, the observations and opinions of other healthcare workers, within and without the NHS as well as comments and aide memoires reasonably made by healthcare professions in this practice who are appropriately involved in your health care.
When registering for NHS care, all patients who receive NHS care are registered on a national database, the database is held by NHS Digital a national organisation which has legal responsibilities to collect NHS data.
GPs have always delegated tasks and responsibilities to others that work with them in their surgeries, on average an NHS GP has between 1,500 and 2,500 patients for whom he or she is accountable. It is not possible for the GP to provide hands on personal care for each and every one of those patients in those circumstances, for this reason GPs share your care with others, predominately within the surgery but occasionally with outside organisations. If your health needs require care from others elsewhere outside this practice we will exchange with them whatever information about you that is necessary for them to provide that care. When you make contact with healthcare providers outside the practice but within the NHS it is usual for them to send us information relating to that encounter. We will retain part or all of those reports. Normally we will receive equivalent reports of contacts you have with non NHS services but this is not always the case.
Your consent to this sharing of data within the practice and with those others outside the practice is assumed and is allowed by law.
People who have access to your information will only normally have access to that which they need to fulfil their roles.
You have the right to object to our sharing your data in these circumstances but we have an overriding responsibility to do what is in your best interests. Please see below:
We are required by Articles in the General Data Protection Regulations to provide you with the information in the following 9 subsections.
1. Data Controller
Essex Way Surgery, 34 Essex Way, Benfleet, Essex SS7 1LT
2. Data Protection Officer
3. Purpose of the processing
Direct care is care delivered to the individual alone, most of which is provided in the surgery. After a patient agrees to a referral for direct care elsewhere, such as a referral to a specialist in a hospital, necessary and relevant information about the patient, their circumstances and their problem will need to be shared with the other healthcare works, such as specialist, therapists, technicians etc., The information that is shared is to enable the other healthcare workers to provide the most appropriate advice, investigations, treatments, therapies and or care.
4. Lawful basis for processing
The processing of personal data in the delivery of direct care and for providers’ administrative purposes in this surgery and in support of direct care elsewhere is supported under the following Article 6 and 9 conditions of the GDPR:
Article 6 (1) (e).. necessary for the performance of a task carried out in the public interest or in the exercise of official authority…
Article 9 (2) (h) necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services…
We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”
5. Recipient or categories of recipients of the processed data
The data will be shared with Health and care professionals and support staff in this surgery and at hospitals, diagnostic and treatment centres who contribute to your personal care. Ie: Southend Hospital, Broomfield Hospital.
6. Rights to object
You have the right to object to some or all the information being processed under Article 21. Please contact the surgery. You should be aware that this is a right to raise an objection, that is not the same as having an absolute right to have your wishes granted in every circumstance.
7. Right to access and correct
You have the right to access the data this is being shared and have any inaccuracies corrected. There is not right to have accurate medical records deleted except when ordered by a court of Law.
8. Retention Period
The data will be retained in line with the laway and national guidance. https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health -and-Social-Care-2016 or speak to the practice
9. Right to complain
You have the right to complain to the Information Commissioner’s Office, you can use this link https://ico.org.uk/global/contact-us/ or calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
“Common Law Duty of confidentiality”, common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as ‘judge-made’ or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent.
The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider’s consent.
In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.
Three circumstance making disclosure of confidential information lawful are: