Section 2
Tameside Safeguarding Framework
Section 2 - Information Sharing
2.1 The exchange of information helps parents, carers and agencies to work together to achieve the best possible outcomes for children. This should ensure that children are provided with the services they need to maintain and improve their health, well being and quality of life.
2.2 Therefore the sharing of information is a key process in safeguarding children from harm and promoting their welfare.
2.3 The sharing of information is underpinned by legislation and the statutory duties of agencies. In practice it revolves around the two key issues of Confidentiality and Consent.
Confidentiality
2.4 When working with a child it is important that you state clearly, and at the earliest opportunity, the limits of your confidentiality. These limits are defined by the exemptions listed below.
Gaining Consent
2.5 In most circumstances information should only be shared with the consent of the child, or their parent/carer. In relation to Tameside Safeguarding Framework, it is important that:
- Practitioners operate within the Data Protection Act 1998 and consent is obtained where this is sensible and practical, even where the Data Protection Act does not demand it
- Practitioners work with children and parents/carers as appropriate to agree how information is recorded, used and shared; this must include making them aware of circumstances where information may be shared without consent and where confidentiality cannot be maintained (see exemptions below)
- Where possible, consent should be obtained in writing, e.g. through a signature on a recording form and, if there is on-going contact, reviewed regularly.
Exemptions
2.6 It will be necessary to share information without obtaining consent when:
- The disclosure prevents the child from committing a criminal offence that could place others in jeopardy or places any other person at risk of collusion
- The child is at risk of significant harm or harming someone else
- Another child is at risk of significant harm
- The child needs urgent medical treatment
- Information is required as part of legal proceedings. This can be by order of the Court or if information is requested by the police to enable them to pursue an investigation.
2.7 Where these situations apply and it is necessary to share information without consent, the reasons for doing so should be recorded. The record must contain details of any third parties (e.g. the person to whom the information is given) and full details of all of the information/evidence they have been given.
Age for consent
2.8 Practitioners should ensure that they have the child’s or parent/carer’s informed consent before any information is recorded and shared with other agencies (unless the exemptions above apply).
2.9 In some circumstances the child will be able to give consent without referral to their parents/carers e.g. where the child is considered to be competent according to Fraser rules. These rules set out that children who are under 16 are competent to give valid consent to a particular intervention if they have sufficient understanding and intelligence to enable them to understand fully what is proposed and are capable of expressing their own wishes.
2.10 The Information Commissioner’s view is that in most cases the age of twelve is about the right age for this. However whether a child or young person is able to give consent will ultimately depend on the child’s level of understanding and their circumstances. A child may be able to understand in one situation but not necessarily in all situations.
2.11 In any situation that involves those under 16, children should be encouraged to involve their parents/carer unless to do so could put them at risk.