We recognise that parents have a right to know that information they will share will be regarded as confidential as well as well be informed about the circumstances, and reasons, when we are obliged to share information.

We are obliged to share confidential information without authorisation from the person who provided or to whom it relates if it is the public interest.

 

That is when:

• It is to prevent a crime from being committed or intervene where one may have been, or to prevent harm to a child or adult.

• Not sharing it could be worse than the outcome of having shared it.

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The decision should never be made as an individual, but with the back-up of management.

The critical criteria are:

• Where there is evidence that the child is suffering, or is at risk of suffering, significant harm.

• To prevent significant harm arising to children and young people or serious harm to adults, including the prevention, detection and prosecution of serious crime.

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Procedures

Our procedure is based on the 7 golden rules for information sharing as set out in information sharing:

Guidance for practitioners and Managers (DCSF 2008)

1. Remember that the Data Protection Act is not a barrier to sharing information but provide a framework to ensure that personal information about living persons is shared appropriately

 

Our policy and procedures on information sharing provide guidance to appropriate sharing of information with external agencies

 

1. Be open and honest. Explain to families how, when and why information will be shared about them and with whom. Seek consent to share information, unless it outs the child the child at risk or undermines a criminal investigation

 

1. Seek advice when there are doubts about possible significant harm to a child or others.

 

1. Share with consent where appropriate. Respect the wishes of children and parents not to consent to share confidential information. However, in the interests of the child, know when its reasonable to override there with.

 

1. Managers are conversant with this and are able to advise staff accordingly. Consider the safety and welfare of the child when deciding about sharing information.

 

1. Information shared should be accurate and up-to-date, necessary for the purpose it is being shared for, shared only with those who need to know and shared securely.

 

1. Reasons for decisions to share information, or not, are recorded

 

Consent

Parents have a right to be informed that their consent to share information will be sought in most cases, as well as the kinds of circumstances when their consent may not be sought, or their refusal to give consent may be overdriven. Parents have access to all of Monarchs policies.

This policy should be read in conjunction with Confidentiality Policy, Equal Opportunities Policy, Inclusion Policy, Parent Partnership Policy, Privacy Notices and Safeguarding Policy.

Legal framework

Data protection Act 1998

Human Rights Act 1998

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