Information Sharing

This guidance should be read in conjunction with the Derbyshire Children's Services Online Procedures, Confidentiality Policy as everyone working in the home has a responsibility to ensure that personal information collected and stored on children in our care is stored securely, and that when it is shared with other agencies this is done appropriately and in accordance with the law.

When working with children and families, effective sharing of information is essential for the early identification of need, to complete robust assessments and to provide services which are tailored to individual need and which will keep children safe.

Keeping children safe from harm will require staff in children’s homes and others to record, analyse, understand the significance of and share information about: 

• A child’s health and development and exposure to possible harm;
• Individuals (adults and other children / young people) who may pose a risk of harm to a child.

Practitioners working in the home should be proactive in sharing information as early as possible to help identify, assess and respond to risks or concerns about the safety and welfare of children. Information sharing is also essential for the identification of patterns of behaviour; for example when a child has gone missing or is at risk of going missing and when multiple children appear associated to the same context or locations of risk (this would include for example, concerns around trafficking, Child Sexual Exploitation and Child Criminal Exploitation).

Often, it is only when information from a number of sources has been shared and is then put together, that it becomes clear that a child has suffered, or is likely to suffer, significant harm.

Staff should not assume that someone else will pass on information that they think may be critical to keeping a child safe. Anyone who has concerns about a child’s welfare and considers that they may be a Child in Need or that the child has suffered or is likely to suffer significant harm should share their concerns with the child’s allocated social worker and / or the Police / Children’s Social Care.

Staff should be particularly alert to the importance of sharing information when a child moves from one local authority into another, due to the risk that knowledge pertinent to keeping a child safe could be lost - for example of a child moves to a home or placement in another local authority area.

All staff in the home who work with children should complete information sharing training - including refreshers. This training should equip staff with the skills and knowledge to share information in a timely and safe way.

Staff should use their professional judgement and knowledge from this training when making decisions about when to share information. If a staff member has any concerns or doubts, the home’s manager or safeguarding lead should be consulted for advice.

The Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) provide a legal framework to ensure that personal information which is collected and processed by organisations is done so fairly and lawfully, that it is accurate and relevant, stored securely (for no longer than necessary) and that, when it is shared, this is done appropriately and lawfully.

However, this legislation does not prevent, or limit, the sharing of information for the purposes of keeping children safe. The UK GDPR provides a number of bases/reasons which set out when personal information of the type collected by children’s homes can be shared between organisations. One of these bases is that the individual has consented to their information being shared. However, It is not necessary to seek consent to share information for the purposes of safeguarding and promoting the welfare of a child. This means that fears about sharing information must not be allowed to stand in the way of the need to promote the welfare, and protect the safety of, children.

It is important that staff in the Home understand the data protection principles which allow them to share personal information.  The UK GDPR and Data Protection Act 2018 emphasise the need for organisations to be transparent and accountable in relation to their use of data. All organisations handling personal data must ensure they have comprehensive and proportionate arrangements for collecting, storing, and sharing information. This also includes arrangements on informing children (and their families) about the information that the Home will collect about them and how this may be shared.

• Where possible, share information with consent, and where possible, respect the wishes of those who do not consent to having their information shared;
• However, you may still share information without consent if, in your judgement, there is a lawful basis to do so, such as where the safety of a child or adult may be at risk. You will need to base your judgement on the facts of the case. When you are sharing or requesting personal information from someone, be certain of the basis upon which you are doing so;
• Seek advice from other practitioners (such as your manager or safeguarding lead) if you are in any doubt about sharing the information concerned, this should be done without disclosing the identity of the individual where possible;
• Information sharing should always be necessary, proportionate, relevant, accurate, timely and secure: Ensure that the information you share is necessary for the purpose for which you are sharing it, that it is shared only with those people who need to have it, that it is accurate and up-to-date, that it is shared in a timely fashion, and that is shared securely;
• Keep a record of your decision and the reasons for it - whether it is to share information or not. If you decide to share, then record what you have shared, with whom and for what purpose.

Source: Working Together to Safeguard Children and Information Sharing: Advice for Safeguarding Practitioners.

Regular information sharing between the Home, Children’s Social Care, the police and other local agencies (such as schools and health practitioners), will be essential for keeping children safe and ensuring they get the support they need.

Children should be informed of the circumstances in which information about them will be shared routinely with other professionals and their consent to this sharing should be sought. This information should  be provided in the form of a Children's Guide, a Privacy Notice or in other ways, and it will be made clear that in each case the information shared will be limited and only include that which is relevant.

Sharing relevant information promptly with others working with the same child is central to safeguarding the child's interests and to ensuring they receive the best possible care. Staff in the Home should work in partnership with other professionals involved in caring for the child (for example, education, social workers, health practitioners and youth justice) to monitor the child's progress, share information and obtain expert advice as appropriate.

Where information is requested by telephone or electronically, great care must be taken to ensure that the recipient is entitled to receive the information requested. Where there is any doubt the information may not be provided without the approval of a Manager.

Legislation, Statutory Guidance and Government Non-Statutory Guidance

Information Sharing: Advice for Safeguarding Practitioners

Working Together to Safeguard Children (DfE)