The Department for Education has updated its guidance on 19th April 2024 on information sharing for people who provide safeguarding services to children, young people, parents, and carers. It replaces the guidance published in 2018 and should be read alongside the statutory guidance, Working together to safeguard children 2023.
The information sharing guidance is non statutory but is still essential reading material for individuals and organisations that work with children in the social care, health, education and voluntary and justice sectors. It may also be helpful for practitioners working with vulnerable adults and adults who could pose a risk to children.
Whilst it covers the legal frameworks and how they support information sharing for the purpose of safeguarding children from abuse and neglect it does not cover the additional professional responsibilities that might apply to different practitioners, such as doctors and those working in schools. However, it reminds those professionals that doctors should consider the General Medical Council guidance, Protecting Children and Young People and those working in schools and colleges should consider Keeping Children Safe in Education.
The 28-page guidance document sets out the seven golden rules for sharing information together with an explanation on the importance of sharing information and why data protection legislation does not prevent information sharing for the purposes of safeguarding children.
It refers to the Information Commissioner’s 10 Step Guide to Sharing Information to Safeguard Children and explains the importance of understanding the term ‘lawful basis’ and details the lawful bases which are most relevant for practitioners working with children.
There is further clarity on the use of consent and why consent should not be seen as the default lawful basis for sharing personal information in a child safeguarding context as it is unlikely to be appropriate in most cases. At page 11 of the guidance there is a helpful explanation of the complexities of consent and why ‘consent’ causes such confusion. Page 12 covers the common law duty of confidentiality.
Whether you are an individual or an organisation everyone must take responsibility for sharing information to keep children safe. Senior leaders of organisations and agencies in particular have several responsibilities ranging from creating an environment where practitioners feel confident about when and how to share information, to ensuring robust information systems are in place.
And remember do seek advice if you are unsure whether to share information. We have a friendly team available 24/7.
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