Information Sharing 

Child Protection 

If there are concerns that a child or young person may be at risk of significant harm then existing Child Protection processes should always be followed. In these situations, information can be shared without consent to allow protection for children and young people.

Edinburgh and the Lothians Inter-agency Child Protection Procedures (2015) 

Sharing relevant information at the right time is an essential part of promoting, supporting and safeguarding the wellbeing of children and young people, including protecting them from neglect or physical, mental or emotional harm.


National Guidance regarding information sharing (2022) is available to support practitioners to understand the lawful, fair and proportionate information sharing requirements which complies with all relevant legal requirements. This guidance aims to clarify the circumstances in which information can be shared with another agency, the considerations that need to be taken into account to ensure sharing information with another agency is appropriate, and the importance of involving children, young people and families in the decision to share information with another agency. This guidance can be found here:  getting-right-child-practice-guidance-4-information-sharing-2022.pdf (www.gov.scot)


Why and When Should You Share Information  


What to Share 


Who to Share With 


How to Share

Transparency in information sharing is included in the key data principles set out in UK GDPR (The Principles) and is key to working together with children, young people and families, respecting their rights and placing them at the heart.


You must keep a record of what information you have shared, with whom, and for what purpose so that you can demonstrate that you have complied with data protection legislation.

Keep it Confidential                       Keep it Safe                     Need to Know

Information Sharing Charters

Getting it right for every child – Information Sharing Charter – Parents and Carers – 2022 

This charter explains to Parents and Carers how they can expect information about you/your child to be managed and aims to make your privacy rights easier to understand.

Getting it right for every child – Information Sharing Charter – Children and Young People – 2022 

This charter is a guide for children and young people and explains how they can expect East Lothian Council to manage information and aims to make your rights to do with your personal information easier to understand.  

LearnPro

All staff should complete the General Data Protection Regulation (GDPR) LearnPro Module to ensure that you understand your legislative duties in respect of the personal data that we collect. 

The module covers aspects of learning including:

Informed Consent 

"Informed consent to share information should always be sought from the child/young person and their parents/carers . The sharing of personal data without the consent of the individual is likely to take place only in very particular and clearly justified circumstances. All professionals must clearly record their reasons for deciding to share (or not to share) information in such circumstances. If there is doubt whether to share or not, always take advice from your line manager or other suitable person."

In 2019 the GIRFEC practice development panel advised that professional codes, policies, procedures and guidance on General Data Protection Regulation (GDPR) and the Data Protection Act (DPA) 2018 can provide the legal framework and safeguards that are needed to support proportionate and necessary information sharing within a GIRFEC approach .

Existing legislation and guidance in Scotland outlines that children/young people aged 12 years or over are presumed to have sufficient age and maturity (e.g. capacity)  to enable them to offer informed consent.  

Questions relating to data sharing and compliance with legislation should be emailed to: dop@eastlothian.gov.uk

Seven rules for sharing information








Further Information