3.1.3 Introduction
Sharing information is essential in working to protect children from significant harm. Professionals and agencies are required to share information about:
- Children and their health, development and exposure to possible significant harm;
- Parents who may not be able to care adequately and safely for children;
- Individuals who may present a risk to children.
Often it is only when information from a number of sources is shared and put together, that it becomes clear that a child has suffered, or is likely to suffer, significant harm. However, when professionals share information at an early stage, this should reduce the risk of significant harm.
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 Data Protection Act 2018 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.
Legislative Framework and Legal Basis for Sharing Information
The legal basis for sharing information is underpinned by the following legislation, statutory and policy guidance:
The Children and Social Work Act 2017, under which the local authority, Merseyside Police and Wirral Clinical Commissioning Group have an equal and shared duty to work together (in partnership with other relevant agencies) to make arrangements to safeguard and promote the welfare of all children in a local area
The Children Act 2004, sections 11 and 16E
The Data Protection Act 2018 and the UK General Data Protection Regulation
Crime and Disorder Act 1998, section 115
The Human Rights Act 1998
The Criminal Justice Act 2003, section 325
Domestic Violence, Crime and Victims Act 2004
Working Together to Safeguard Children statutory guidance (2023)
Information Sharing Advice to practitioners providing safeguarding services to children, young people, parents and carers July 2018
Caldicott Review of Information Governance 2013