2. Information sharing and confidentiality
“Information sharing is not an end in itself; and it is more than a protocol about how information and what information will be shared, important though those are. The use to which the information shared can be put and the interpretation of its significance is ultimately what is of greatest value.”
2.1 Legal basis / justification
In order to best protect children who are suffering, or at risk of suffering, significant harm and to safeguard and promote the welfare of children “all agencies and professionals should:
share and help to analyse information so that an assessment can be made of the child’s needs and circumstances.”
Laws and guidance relating to the sharing of information with respect to safeguarding and promoting the welfare of children are:
- Data Protection Act 1998
- Children Act 1989
- Children Act 2004
- Human Rights Act 1998
- Crime and Disorder Act 1998
- Common law ‘duty of confidence’
- Caldicott Standards (Health and Children’s Services)
As part of the Wigan Change for Children and Young People System, a local protocol to support the sharing of information between agencies, and between the individuals they employ, was ratified by the Children, Young People and Families Strategic Partnership and signed by the Chief Officers of the Partnership on behalf of their organisations. This Information Sharing Protocol sets out a framework of formal principles to share information as a means of both safeguarding children and young people from abuse, harm and exploitation, and for providing services that maximise aspects of all children and young people’s well-being. That protocol should be read in conjunction with these procedures.
WSCB would expect all professionals to have normally sought and obtained the consent of their clients/patients/service users to share information with other agencies. However, where consent is not forthcoming or where to seek it might increase the risk of harm to a child, the Information Sharing Protocol has taken into account all relevant advice and guidance to ensure that staff of partner agencies are not asked to share more information relating to clients/patients/service users than they legally can, or are justified in sharing, in accordance with professional guidelines.
