Improving Communication

KNOWING WHEN TO SHARE

Knowing when and how to share information isn't always easy - but it's important to get right. 

Children, young people and families need to feel reassured that their confidentiality is respected.  In most cases you will only share information about them with their consent, but there may be circumstances when you need to override this.

Recognising the uncertainty many of you have about sharing information, particularly outside your own setting, the first cross-government guidance on this subject has been published.  It clarifies when, why and how to share information legally and professionally, so that you can feel confident about making the right judgement.

If you have any doubts or concerns about sharing information, don't ignore them.  Your organisation should have a system of support and advice to help you decide what to do.

"The Data Protection Act is not a barrier to sharing information, but is in place to ensure that personal information is shared appropriately.  This guidance is welcome as it sets out a framework to help practitioners share information both professionally and lawfully."
Richard Thomas
Information Commissioner

Six key points

1. Explain openly and honestly at the outset what information will or could be shared, and why, and seek agreement - except where doing so puts the child or others at risk of significant harm.
2. The child's safety and welfare must be the overriding consideration when making decisions on whether to share information about them.
3. Respect the wishes of children or families who do not consent to share confidential information - unless in your judgement there is sufficient need to override that lack of consent.
4. Seek advice when in doubt.
5. Ensure information is accurate, up-to-date, necessary for the purpose for which you are sharing it, shared only with those who need to see it, and shared securely.
6. Always record the reasons for your decision - whether it is to share or not.

This is a summary from chapter 2 of the practitioners' guide.

PRINCIPLES OF INFORMATION SHARING

You need to consider:

1. Is there a legitimate purpose for you or your agency to share the information?
2. Does the information enable a person to be identified?
3. Is the information confidential?
4. If so, do you have consent to share?
5. Is there a statutory duty or court order to share the information?
6. If consent is refused, or there are good reasons not to seek consent, is there a sufficient public interest to share information?
7. If the decision is to share, are you sharing the right information in the right way?
8. Have you properly recorded your decision?

Each of these questions is covered in more detail in the practitioners' guide, chapter 4.

Find out more:

www.ecm.gov.uk/informationsharing