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
You should share information when you are worried about a child or young person's wellbeing or a possible child protection issue.
If you feel a child or young person is at risk of harm you should go ahead and immediately (and without consent) share information as is necessary and proportionate. You should record the reasons why you have done so as soon as possible afterwards.
If the child or young person is in full agreement, where appropriate, and their parent / carer is too, you can share information.
What to Share
Information which is NECESSARY, PROPORTIONATE, LAWFUL and RELEVANT.
Information which relates to your concern, nothing superfluous.
The information sharing must be necessary for the specific purpose;
The information that is shared must be the minimum necessary to achieve that purpose.
Who to Share With
Share with others on a 'need to know' basis.
Verify the identity of the person before sharing any information with them.
How to Share
Select a method of communication which is most appropriate with the situation.
SECURELY and in line with East Lothian's GDPR guidance.
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:
How to use personal data;
Individual's rights under GDPR; and
Keeping data safe
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
Remember that GDPR, DPA and human rights law are not barriers to justified information sharing, but provide a framework to ensure that personal information about living individuals is shared appropriately.
Be open and honest with the individual (and/or their family where appropriate) from the outset about why, what, how and with whom information will, or could be shared, and seek their agreement, unless it is unsafe or inappropriate to do so.
Seek advice from other practitioners, or your information governance lead, if you are in any doubt about sharing the information concerned, without disclosing the identity of the individual where possible.
Where possible, share information with consent, and where possible, respect the wishes of those who do not consent to having their information shared. Under the GDPR and DPA, you may share information without consent if, in your judgement, there is a lawful basis to do so, such as where safety 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 clear of the basis upon which you are doing so. Where you do not have consent, be mindful that an individual might not expect information to be shared.
Base your information sharing decisions on considerations of the safety and wellbeing of the individual and others who may be affected by their actions.
Necessary, proportionate, relevant, adequate, accurate, timely and secure: ensure that the information you share is necessary for the purpose for which you are sharing it; it is shared only with those individuals who need to have it; it is accurate and up to-date; it is shared in a timely fashion; and 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.
Further Information
Information Commissioner: Data Sharing Checklists
National Guidance (2022) Getting it right for every child – Practice Guidance 4 – Information Sharing – 2022
UK Government: cross-agency and cross-governmental guidance called Working Together to Safeguard Children (2018) which places the responsibility of safeguarding children on all relevant professionals who come into contact with children and families.
UK Government: advice for practitioners providing safeguarding services to children, young people, parents and carers Information Sharing: Advice for practitioners providing safeguarding services to children, young people, parents and carers (2018)