'Breathing Space' is a debt respite scheme. It provides protections for people who are resident in England and Wales who are in problem debt.
The protections include pausing enforcement action and contact from creditors and freezing interest and charges on debts. A standard breathing space is available to anyone in problem debt who accesses debt advice and meets the eligibility criteria and conditions.
It may be very difficult to engage with debt advice while receiving mental health crisis treatment, but problem debt and mental health problems are often linked. The government has developed an alternative route to access the protections for people receiving mental health crisis treatment, so that they do not have to access debt advice first.
Your data allows us to make a referral to the Breathing Space scheme on your behalf. This will be done only with your consent.
If you lack the capacity to make a decision to enter into the Breathing Space scheme then a Best Interest Decision under S4 of the Mental Capacity Act will be carried out, to determine if it is in your best interests to be referred to the scheme.
What information we collect
We need some personal data from you. This includes:
- full name
- date of birth
- usual residential address
- nominated point of contact's full name and contact details
- email address
- landline or mobile telephone number
We need some special category data from you. This includes:
- evidence of mental health crisis treatment
- additional information such as finance, debts, creditor details
We do not need any criminal and law enforcement data from you.
How we collect your data
Your information will be used by an Approved Mental Health Professional (AMHP) to certify that you are receiving mental health crisis treatment. This evidence can be used by a debt advice provider to initiate a mental health crisis breathing space (MHCBS) on your behalf.
The AMHP will need to:
- ask for your consent to share personal information
- certify that you are receiving mental health crisis treatment
- identify a nominated point of contact
- submit the evidence form
Why we collect your data
We collect your data so we can:
- create a secure and comprehensive record of all of the work that we do with and for you
- contact members of your family and support network
- fully understand your needs
- promote your health and wellbeing in partnership where applicable with NHS bodies
- arrange short/long term care solutions
- liaise with agencies, companies and charities on your behalf
- keep you safe from harm
- request and arrange installation of specialist equipment for you
- assess your financial contribution to your care
- work with you or your representative to create a care and support plan
- details contained in your care records and conversations held
- analyse the service that we are providing
The sharing of information facilitates a joined-up approach with partner agencies, to provide you with the best possible care and support.
Who we collect data from
We collect your data from:
- carers or representatives
- offenders and suspected offenders
- patients
- professional advisers and consultants
- staff, persons contracted to provide a service
- students and pupils
We may receive personal, special category personal or criminal and law enforcement data about you from the third parties mentioned above and other public bodies and organisations. In this case, we will tell you the source of the information unless we are unable to do so by law.
Who we share your personal data with
We may share your data with a debt advice agency. This agency will share the information with other organisations, including:
- the Breathing Space scheme administrator
- your creditors
- their agents
This helps the debt advice agency to establish your financial situation and make sure your creditors know you are protected by the scheme. Your creditors will be notified that you are in a mental health crisis breathing space, but they will not be given any specific information about your condition or your treatment. The debt adviser will also be able to contact you later, to offer you help to manage your debts.
Legal basis
We process personal data by selecting at least one legal basis from:
- UKGDPR Article 6(1) (a) Consent
- UKGDPR Article 6(1) (c) Legal Obligation
Where we’re relying on UKGDPR Article 6(1)(c), all relevant legislation is listed below.
We process special category personal data by selecting at least one legal basis from:
- UKGDPR Article 9(2) (a) Explicit consent
- UKGDPR Article 9(2) (h) Preventive or occupational medicine
Relevant legislation
The relevant legislation includes the Mental Health Act 1983.
Consent
If you're receiving mental health crisis treatment, you may be struggling with problem debt. With your permission, we can complete a form to be sent to a debt adviser on your behalf to ask for a mental health crisis breathing space for you. Having a breathing space should stop you being contacted by someone you owe money to or being charged fees and interest on your debts while you are receiving crisis treatment. The breathing space will last for 30 days after your crisis treatment ends.
A debt adviser will share the information we provide in the form with other organisations, including the breathing space scheme administrator, your creditors, and their agents. This needs to happen for them to establish your financial situation and make sure your creditors know you are protected by the scheme. Your creditors will be notified that you are in a mental health crisis breathing space, but they will not be given any specific information about your condition or your treatment. The debt adviser will also be able to contact you later, to offer you help to manage your debts. If you happy for us to share your details with a debt adviser, you can see whether you are eligible for a mental health crisis breathing space.
If you want to go ahead, but are worried that your creditors may be violent, we can ask the debt adviser not to share your address with your creditors. We will ask you if you want the debt adviser to consider this.
An Approved Mental Health Professional will be asked to certify that you are receiving mental health crisis support before the form is returned. A person who is named as your nominated point of contact will regularly be asked by the Debt Advisor whether you continue to receive mental health crisis services.