Information Sharing

It's crucial to understand the significance of the information shared and to take appropriate action in relation to known or suspected abuse or neglect.

Within education settings, there is constant sharing of information about individuals and groups of children. However, there are occasions when we need to share information with others outside of setting, and this needs to be done with care, particularly when it relates to individuals. Whilst the media often focuses on the way in which large organisations such as Microsoft, Google and Facebook use individuals’ information, all organisations have a duty to make sure that what they know about individuals is only shared with the right people at the right time.

Deciding when and how to share information is not easy. Many serious case reviews have shown that professionals have problems with recording, sharing, discussing and analysing information in order to identify the needs of, or risks to a child. Similar to constructing a jigsaw, it is often only when information from a number of sources has been shared that it becomes clear that a child has suffered, or is likely to suffer, significant harm.

When deciding when and how to share information outside of your organisation, the starting point is to ask yourself what you would want if it was your personal information that was being shared.

Consent to share

As the name suggests, personal information is just that, personal. Therefore, before sharing any information you need to be clear whether the information is classed as personal data (i.e. information that relates to an identified or identifiable individual). If it is personal data, then you must start by gaining consent to share the information, unless one of the following apply:

there is evidence that the child has suffered, or is likely to suffer, significant harm;
there is reasonable cause to believe that a child has suffered, or is likely to suffer, significant harm;
there is evidence to suggest that if you sought consent a child or adult may be harmed;
there is evidence that action may need to be taken to prevent or detect a crime meaning that it may not be appropriate to ask for consent.

Informed consent

Consent may be explicit (where the person has been asked specifically to give consent for a certain piece of information to be shared) or implicit (for example where a person has signed an information sharing agreement saying that information can be shared with certain agencies – in this case, the agreement is there but it is not specific about what information). If you are seeking consent to share information for safeguarding purposes, then attempts should be made to get explicit consent.

Whichever type of consent is used, the consent should be informed consent. This means that the person giving consent understands what the information being shared is, why it is being shared, and what the implications of sharing and not sharing the information are. This may mean that you need to consider the ability (or capacity) of the person to give consent.

Speak to your DSL for further guidance and support.

Books illustrating need to be able to make informed consent.

An often-asked question is: what happens when children with safeguarding concerns become adults and move on to higher education? We must recognise that, as an adult, the student can make these decisions for themselves. Talk with the young adult and significant others about their transition to higher education. Gain their consent and create a plan together about what should be shared, how, and by whom. This article by a legal firm, Farrer & Co, is useful in providing guidance if an agreement about information sharing can’t be reached, but the focus should be working with the consent of the young adult.

Recording of decisions

If you decide to share information you must record your decision, the context in which the information was shared and the reasons for your decision.

Recording is important because there is a chance that someone will ask you or your employers why you chose to share or not share information. Such questions may not come immediately, and in some cases these questions only arise many years later. Even if you are still working at your setting, it is likely that you will not remember why you made the decision you did, but if there is a clear record this will provide the required information.

Your setting will have its own policy on recording, but good practice suggests that you should record the date, time, what you were being asked to share, what you decided and why.

Common myths

Adapted from Information sharing: Advice for practitioners providing safeguarding services to children, young people, parents and carers.

The GDPR and Data Protection Act 2018 are barriers to sharing information – no. The GDPR and Data Protection Act 2018 don’t stop information sharing, but provide the means to make sure information is shared in the right way.
Consent is always needed to share personal information – no. You should seek explicit consent wherever possible, but if for reasons set out above this is not possible, you can override the need for consent.
Personal information collected by one organisation cannot be disclosed to another organisation – no. Unless the information is obviously irrelevant to what is happening, the need to safeguard children means there are no such barriers.
The common law duty of confidence and the Human Rights Act 1998 prevent the sharing of personal information – no. These provide a framework by which information is shared, but often the risk to the child outweighs all else.
IT systems are often a barrier to effective information sharing – no. IT systems can be an important tool when sharing information, but they should not overrule professional judgement.

Resources

A 10-step guide to sharing information

The Information Commissioner’s Office (ICO) provides guidance that aims to build confidence about sharing information when you have concerns that a child or young person is at risk of harm. The guidance is for any organisation that works with children and sets out 10 steps around being clear about data protection, identifying objectives for sharing information and following the data protection principles.

Open link
Transition to university- sharing safeguarding concerns

This article by legal firm, Farrer & Co, covers the mutual roles and responsibilities of schools and universities when an adult student with safeguarding concerns transitions to higher education, and how to create a policy to establish a legal defence for sharing safeguarding information.

Open link
The seven golden rules to sharing information

Poster adapted from the guidance in Information sharing: Advice for practitioners providing safeguarding services to children, young people, parents and carers (2018).

Download
Information sharing advice for safeguarding practitioners

Guidance on information sharing for people who provide safeguarding services to children, young people, parents and carers.

Open link
Data protection: a toolkit for schools

The document provides 9 steps that it is felt can help schools efficiently develop the culture, processes and documentation required to be compliant with the strengthened legislation and effectively manage the risks associated with data management.

Open link
Information sharing: what do schools need to know?

Part of our safeguarding insights section, this is a more in-depth look at the requirements around information sharing, barriers that may get in the way and the relevant laws.

Open link
Who knows what about me?

The Office of the Children’s Commissioner has released a report looking at the way that data about children’s lives is increasingly being shared from before they are born, with there then being an exponential increase when they create their own social media accounts. This report looks at the potential implications of this data being available and steps that can be taken to help children and young people protect themselves.

Open link

For resources to develop staff knowledge of safeguarding, subscribe today.

Termly subscription

from £99+VAT per setting.

Subscribe today

Join safeguarding network for more information on how to identify and intervene in schools.

Training resources for Safeguarding Leads to use in team meetings;
Reference documents for additional information;
Handouts for staff summarising each topic;
Quizzes to test staff understanding.

See sample About us

Information Sharing

Consent to share

Informed consent

Recording of decisions

Common myths

Resources

A 10-step guide to sharing information

Transition to university- sharing safeguarding concerns

The seven golden rules to sharing information

Information sharing advice for safeguarding practitioners

Data protection: a toolkit for schools

Information sharing: what do schools need to know?

Who knows what about me?

For resources to develop staff knowledge of safeguarding, subscribe today.

Significant harm

Reasonable cause

If you sought consent a child or adult may be harmed

Prevent or detect a crime