This refers to the ending of the service other than when a case is closed because all the required work on a case has been completed.
Termination by the client
A client is free to terminate the service with us at any point. The termination does not need to be in writing, but it should be recorded by the advisor in writing and dated in the case notes.
The termination of the service by the client does not equate to a request to “be forgotten” under the Data Protection Act 2018, unless this is expressly requested by the client. The client’s files and notes, should, therefore, be maintained. Where the client is requesting the right to “be forgotten” this should be referred to the advisor’s line manager and not acted upon by the advisor themselves as in terms of our reason for processing data we will not be able to accede to a request to be forgotten as we did not utilise consent as our legal basis for processing and have reasons we must keep the records.
Where a client terminates the service, a letter confirming the service has been terminated should be sent to the client and they should be advised that we will need to advise other parties we have been dealing with for them going forward. The letter should also give advice on further action/consequences of not acting – e.g. if debt is not addressed then the creditor may take particular action, or in benefit cases e.g. client may miss out on entitlement.
Termination by the Service
The Gowanbank Hub may also end our service to the client but (other than in cases where the client has failed to engage or failed to provide information) this will only be where all other options have been explored and the final decision will be made by a senior manager. The grounds on which service may be terminated are:
· The client is failing to engage with the service and has failed to attend 2 appointments without good reason
· We are unable to obtain the client’s informed consent – for our purposes have been unable to go over the privacy notice with the client and establish the legal basis for processing data
· The client has not provided (necessary) information and documentation requested within a reasonable timescale despite two clear requests
· The client is behaving in a manner that is abusive or threatening towards staff – this includes but is not limited to racist, sexist or otherwise offensive language, insults, shouting in a manner likely to cause fear or alarm
· The client’s behaviour is such as to potentially affect the ability of other clients to engage with the service
· The client’s behaviour or the course of action they wish help with could put them, the advisor or the service at risk of harm
· The course of action the client is requesting the advisor take on their behalf is against the law, contrary to public policy or may bring the service into disrepute
Services may be may be resumed at a later date if the client takes appropriate steps and gives appropriate undertakings and the view of a senior manager is that this is appropriate.
All such decisions will be notified in writing and the notification will include the reasons for withdrawing the service, steps that may be taken to get the service reinstated and the process for appealing against the decision. In the first instance, any appeal should be made to the Depute/CE