Your data: Adults with Incapacity (Scotland) Act 2000

How we use your information

Aberdeen City Council has a range of duties under the 2000 Act. These duties include supervising welfare guardians, receiving and investigating complaints about the actions of a Power of Attorney or a Guardian and making applications to the Sheriff Court to appoint the Chief Social Work Officer as welfare guardian or a private solicitor as financial guardian in cases where this is necessary and no one else is doing so. In addition, all applications which involve welfare powers must be accompanied by a report from a Mental Health Officer who is an experienced social worker with additional training in mental health and the law. Mental Health Officers must be appointed by the local authority. To carry out any of these duties it is necessary to gather and record information about the adult who lacks capacity, their relatives and carers and also those appointed or seeking to be appointed as Attorneys or Guardians. When supervising private welfare guardians a written record is made of the meeting.

If you have dealings with us under Adults with Incapacity (Scotland) Act 2000

The information will be held by us on our case management system and in our case files. We may share information about our assessments or supervision of guardians with the Office of the Public Guardian and the Mental Welfare Commission as laid out under S12(2) of the 2000 Act. We may also share this information with other agencies such as the NHS, third sector or private sector agencies. This will only be information which is relevant and necessary. Reports written by Mental Health Officers for guardianship applications are lodged in the Sheriff Court and intimated by the Court to all the interested parties.

Joint working and sharing

This service is part of the Aberdeen Health and Social Care Partnership. The Partnership is made up of health and social care teams from the NHS and from Aberdeen City Council working together to deliver person centred care which is integrated from your point of view.

While each partner retains separate record, we will work together to support you and this will involve sharing limited, relevant information about you when we are required to do so.

We receive information from partners which is added to our records. In some cases, information will be added to our records using automated processing, to speed up the time it takes to deal with simple processes. Decisions about you are not made using automated decision-making.

As part of our integrated working arrangements the Council also shares limited relevant information with the Scottish Government and NHS for the purposes of planning, delivering and monitoring services, and to inform the strategic design of integrated services.

How long we keep your information for

We will keep information about any assessments and supervision of guardians carried out under the Adults with Incapacity (Scotland) Act 2000 for five years, plus the current year, from the date that the case file is closed.

Your rights

You, or someone legally appointed to do so on your behalf, have rights to your data, including the right to ask for a copy of it. See more information about all the rights you have, and how they work in practice.

You can email the Council’s Data Protection Officer at or write to:
Legal and Democratic Services
Business Hub 6
Level 1 South
Marischal College
AB10 1AB

You also have the right to make a complaint to the Information Commissioner’s Office. They are the body responsible for making sure organisations like the Council handle your data lawfully.

Our legal basis

Aberdeen City Council is the Data Controller for this information about you. Aberdeen City Council has many duties under the Adults with Incapacity Scotland Act 2000 which involve collecting data about the individual, interested parties and legal proxies and sharing this information with other professionals and bodies involved in the use of this legislation. e.g. the Office of the Public Guardian, the Mental Welfare Commission, the Sheriff Court, private solicitors, etc.

Wherever the Council processes personal data, we need to make sure we have a legal basis for doing so in data protection law. The Council understands our legal bases for processing personal data to carry out our statutory duties under the Adults with Incapacity (Scotland) Act 2000 is Article 6(1)(c) and Article 6(1)(e) of the General Data Protection Regulation. This is because these duties are part of our public task and something we are required to do by law as outlined by the Adults with Incapacity (Scotland) Act 2000 Section 10, Section 57 (2).

The Council understands our legal basis for doing so as Article 9(2)(h) of the General Data Protection Regulation, because processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services.

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