Responsibility for decisions about sharing information such as when to share information, how much information to share and how to share it – rests with your organisation so you should follow your organisation’s information sharing policy in addition to data protection legislation.
To make a referral to Children’s Services initially you will only be asked for the basic identifying details of the child and family in question as well as the reason for the referral.
This very basic level of information is unlikely to conflict with your organisation’s information sharing policy.
Obtaining consent to make a referral
Where there is no immediate safeguarding concern about a child but additional services and help are needed to support a child in need – consent of the child/family must be sought. However, if the child has been harmed or is at risk of harm of abuse – it is not necessary to gain consent to refer the case to Children’s Services.
Other instances in which you may consider making a referral without the parent’s consent:
- If seeking consent put the child at increased risk.
- If seeking consent would cause delay which significantly adds to the risk.
- If the concern is about sexual abuse, forced marriage, honour based violence, female genital mutilation, fabrication or induced illness in a child.
- If the child or young person has the capacity to understand and make their own decisions to give or refuse consent to sharing information about themselves. It is presumed that young people over the age of 16 have sufficient understanding. Children aged 12 and over may generally be expected to have sufficient understanding.
You should use professional judgement and your knowledge of the child to determine whether they have sufficient understanding of what they are consenting to and the ability to weigh up its implications.
Other key points to note:
- In the majority of cases you should obtain the parent’s consent, if you attempt to make a referral without obtaining consent you will usually be asked to go back and obtain one.
- It is important to distinguish between telling a parent you are making a referral and seeking their consent. Consent means the parent understands the purpose of a referral and is in agreement to their information being shared for the purposes of accessing the services involved in delivering the help needed. Consent is usually obtained in writing such as on the Early Help Assessment and Plan form or similar.
- The overwhelming majority of parents will give consent and appreciate practitioners who are honest and direct with them and inform them what action they intend to take.
If you are unable to obtain consent or think it may not be appropriate to seek it - talk to the designated or named safeguarding lead professional or relevant manger in your organisation, as the decision to share information about a child or family rests with your organisation. Or call ECIRS on 020 8825 8000 or Ealing’s Child Protection Advisers (CPAs) on 020 8825 8930.
To find out more about information sharing visit www.gov.uk and search ‘information sharing for practitioners and managers’
Seven golden rules of information sharing
(Taken from section 2 of the DfE publication Information Sharing for Practitioners and Managers)
- The Data Protection Act is not a barrier to sharing information, but provides a framework to ensure that personal information about living persons is shared appropriately.
- Be open and honest with the person (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 if you are in any doubt, without disclosing the identity of the person where possible.
- Share with consent where appropriate and possible – respect the wishes of those who do not consent to share confidential information. You may still share information without consent, if in your judgement, that lack of consent can be overridden in the public interest. You will need to base your judgement on the facts of the case.
- Base your information sharing decisions on considerations of the safety and wellbeing of the person and others affected by their actions.
- Ensure the information is necessary, proportionate, relevant, accurate, timely and secure. The information you share should be necessary for the purpose for which you are sharing it. Only share with those who need to have it. Ensure the information is accurate and up-to-date, shared in a timely way and is disposed of/shred securely when no longer needed.
- 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.