Assuring Transformation (AT)

The Department of Health published 'Transforming Care: A national response to Winterbourne View Hospital and the Concordat: Programme of Action' in December 2012. The review of services received indicated that failings were widespread within the operating organisation, but importantly, also evident across the wider care system. The Concordat and 63 actions detailed within the review seek to address poor and inappropriate care and achieve the best outcomes for people with a learning disability or autism, who may also have mental health needs or behaviour that challenges.

The purpose of the AT data collection is to ensure that the public awareness of the NHS commitments in the Winterbourne View Concordat is transparent and robust. It will also be used to triangulate with the Learning Disability Census, completed by providers on 30 September 2015. This process is important for informing and influencing The Winterbourne View Joint Improvement Programme.

AT data collects information about individuals with learning disabilities and/or autism, who may have a mental health condition or behaviour that challenges, in in-patient settings, and provides it to the Clinical Commissioning Group (CCG). It gives the CCG broad oversight of their care.

The information collected and shared includes personal data such as name, address, date of birth and special category data such as health details. The AT data is sent to the CCG from healthcare providers and is then shared with NHS Digital on NHS England’s behalf. It covers all people with learning disabilities and/or autism that are being cared for in inpatient settings. The information collected is published in reports by NHS Digital. The reports don’t include any personal information, like names, birthdays or NHS numbers in them. 

More about Assuring Transformation

Direction

NHS Digital has been given directions by NHS England under section 254 of the Health and Social Care Act 2012; to establish and operate a system for the collection and analysis of the information specified for this service. The direction came into force on 1 November 2015.

Legal basis for the collection of the data

The Health and Social Care Act 2012 sections 254(1), (3) and (6).

Data Provision Notice 

View the DPN.

Legal basis for the provision of data 

The Health and Social Care Act 2012 sections 262(3)(b), 262(7).

Legal basis for processing the data 

GDPR Article 6(1)(e), Article 9(2)(h) and article 9(3).

The Lawful basis for processing this information is provided by GDPR Article 6(1)(e) – processing is necessary for the performance of a task carried out in the exercise of official authority vested in the controller. For Special Category Data the lawful basis for processing is GDPR Article 9(2)(h) processing is necessary for the purposes of the provision of health or social care treatment or the management of health or social care systems and services.

The lawful basis for processing your information is provided by Section 251 of the NHS Act 2006. This section allows the Secretary of State for Health to give limited permission for the CCG to use certain categories of personal information when it is necessary for our work other than purposes which relate to your direct care.

The approval is given under regulations made under Section 251 and is based on the approval of the Health Research Authority’s (HRA) Confidentiality Advisory Group (CAG).

NHS England has obtained Section 251 support (approval under the Health Service (Control of Patient Information) Regulations 2002) to collect AT data from providers of specialised mental health services, and to receive the AT Dataset from NHS Digital.

Transparency notice 

More about the Transparency Notice

Lag time from collection to dissemination 

Information to follow.

Frequency

Monthly.

Commissioning extracts specification 

Assuring Transformation specification.

Suppression rules

To be confirmed.