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Legal services
Legal services provide legal advice and guidance for the council.
Our in-house legal department offers expert advice on a range of council responsibilities and public sector duties. We're committed to client care and we provide high quality, responsive advice to meet the needs of internal and external clients.
We provide specialist customer-focused advice on a range of areas of law, including:
- major projects
- procurement and contracts
- property, planning and highways
- housing and licensing
- prosecutions, civil litigation and employment
- adult and children’s services
- education
- administrative and local government law
- information law
Our clients
Legal Services offers an in-house service to all officers and councillors across the Council. This is provided in partnership with the legal teams of East Sussex County Council and West Sussex County Council, who together with this Council’s legal team have formed Orbis Public Law.
We're also available for instruction by other public bodies. Our current external clients include the East Sussex Fire Authority, district councils, local authorities and other local public services.
Contact information
Elizabeth Culbert
Director of Governance and Law and acting Monitoring Officer.
To contact Elizabeth, send an email to elizabeth.culbert@brighton-hove.gov.uk.
Natasha Watson
Head of Legal - Litigation and Safeguarding.
To contact Natasha, send an email to Natasha.Watson@brighton-hove.gov.uk.
Siobhan Fry
Head of Legal - Commercial.
To contact Siobhan, send an email to Siobhan.Fry@brighton-hove.gov.uk.
Sarah Turner
Data protection Officer.
Brighton & Hove City Council share a joint Data protection Officer with some of its neighbouring authorities. You can contact the data protection officer.
Victoria Simpson
Senior Lawyer - Corporate Law and Data Protection Lead for Legal Services.
To contact Victoria, send an email to victoria.simpson@brighton-hove.gov.uk.
Privacy and Legal Services
Brighton & Hove City Council is a data controller. The Council processes all personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018 (‘the data protection legislation’).
This privacy notice explains how the Legal Services team retains and processes data. Different services across the Council have their own privacy notices which will apply to the processing of your data, depending on the Council services you use. For example, if your query relates to Housing, the Housing Service privacy notice will apply to the processing of your data.
What sort of information Legal Services hold, why we need it and how we use it
Some of the information which the public (or Legal Services’ external clients) provides to the Council is passed to Legal Services so that we can provide legal advice and representation. That is the purpose for which we hold your data. Without it, we would not be able to provide legal services.
We may process different types of your data, including personal data, special category data and criminal offence data. What these mean is explained below:
- the types of personal data we hold includes names, addresses and dates of birth as well as biographical, professional, financial and social information about residents, members of the public, elected members, and experts instructed for the purposes of providing legal advice and representation
- we will also process data with additional sensitivity, known as special category data, this includes information regarding your race, ethnic origin, political opinions, religious beliefs, trade union membership, health, sex life or sexual orientation
- in limited circumstances we will process data relating to criminal convictions and offences, for example in relation to safeguarding inquiries
Why we process the data we hold
We only process your data in accordance with the principles of data protection legislation and to the extent necessary to deliver legal services. We'll ensure that we have the appropriate lawful justification (or ‘lawful bases’) under the UK GDPR and DPA 2018 before processing your personal information.
We rely on one or more of the following reasons, or lawful bases, to process your personal data to:
- perform our public functions as a local authority
- assist other government organisations with performing their public functions
- perform a contract which you have entered into with us
- comply with a legal obligation that we're subject to
We rely on the lawful bases above together with one or more of these additional reasons, or lawful bases, to process special category data, processing is:
- in the substantial public interest
- necessary to establish, exercise or defend a legal claim
- necessary in the area of public health
- necessary to provide health or social care
We will only process data relating to criminal offences and convictions where there are lawful bases for the processing as above, and in addition the processing is either under the control of official authority or is authorised by law.
Who we may share your information with
Generally, the information we hold will have been provided to us by you, by Council staff or by our external clients. However, we may also hold information provided by third parties where this is relevant and necessary for the provision of our legal service for example social workers, health professionals, doctors, occupational therapists and enforcement and regulatory agencies such as the police.
Access to the personal information we hold about you is restricted to other parties on a need to know basis. We treat your personal information lawfully, fairly and transparently, and ensure that it is:
- processed for limited purposes
- kept up-to-date, accurate, relevant and that the information we collect is not excessive (more than we need)
- not kept longer than is necessary
- kept secure
Where we need to share information about you, we do so under data-sharing arrangements which comply with data protection legislation. We may share legal work with other local authority legal teams, including those which together with Brighton and Hove City Council form Orbis Public Law. This allows them to provide legal advice instead of us. We do so only under strict data sharing arrangements which safeguard your data in compliance with data sharing legislation.
We may also be required to share your information with our regulators who are permitted access to this information by law, and/or with other organisations where we have a legal obligation to share the information with them. This may include our insurers or external auditors.
Where we're required to share data including data relating to criminal convictions with the police, we have procedures to ensure this is carried out in a secure and confidential manner, with each incident of sharing reviewed on a case-by-case basis.
Finally, where we need to instruct external lawyers or experts, or where we use external software or systems to deliver our service, we will do so securely ensuring that the other party is contractually required to adhere
to the security requirements imposed by data protection legislation. They will only be able to use your information to the extent that they need to do so to complete work on our behalf.
How long we keep your information, and how we protect it
We store all the personal data we process in accordance with file retention and destruction arrangements. We will dispose of all personal data securely once there is no longer a lawful basis for retaining it. How long we retain personal data depends on the type of data, the reason it is processed and what the law says. Information on the retention periods applicable to the category of personal data your data falls within, is available from Legal Services on request.
The Council has put in place robust security measures to ensure that all personal data is retained securely. Further information regarding that is available from data.protection@brighton-hove.gov.uk.
Your information rights
Under data protection legislation, you have the right to:
- be informed regarding why, where and how we use your information
- request access to the information we hold about you
- have your information corrected if it is inaccurate or incomplete
- ask for your information to be deleted or removed where there is no need for us to continue processing it
- ask us to restrict the use of your information
- ask us to copy or transfer your information from one IT system to another in a safe and secure way, without impacting the quality of the information
- object to how your information is used
Please visit Data Subject Rights for details of how to access your information rights. If you have any additional queries then please send an email to Legal.services@brighton-hove.gov.uk.
How to get advice or make a complaint
Data Protection Officer
If you have a concern about how we collect or use your personal data you can contact the Council’s Data Protection Officer.
How to make a complaint
We aim to resolve all complaints about how we handle personal information. You also have the right to make a complaint about data protection to the Information Commissioner's Office.
Contact them by post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or phone 0303 1231 113.
You can also make a complaint or find out more information on the Commissioner's Office website.
If your complaint is not about data protection, find details on how to make a complaint about a council service.