6.26 Information Sharing Protocol

SCOPE OF THIS CHAPTER

This chapter was included in the second version of the Bradford Children's Social Care Manual of Procedures. It came into force in January 2008.

Introduction
Objectives of the Protocol
General Principles
Arrangements for Sharing Information
Glossary of Terms

1. Introduction

This protocol has been developed to clarify the information sharing requirements of the agencies listed below in relation to assessments of children and families undertaken within the framework for Assessment of Children in Need and their Families.

1.1

Partner Agencies

The partner agencies are all those working with children and families in Bradford, including:

Bradford Social Services Department
Bradford Education Authority (through Education Bradford)
Early Years and Child Care Partnership
Bradford Housing Department
West Yorkshire Police
West Yorkshire Probation Service
Airedale and Bradford Primary Care Trusts (x4)
Airedale Hospital NHS Trust
Bradford Hospital NHS Trust
Bradford Community Health Trust
Bradford Youth Service
Bradford Youth Offending Team
Careers Bradford Ltd
Drug and Alcohol Action Teams
Voluntary Organisations working with Children and their Families
Sure Start Programmes
Barnardos
Children Fund Services

1.2

Scope of the Protocol

The Protocol is an agreement between the agencies listed in 1.1 to facilitate and govern the sharing of information to ensure that children living in the Metropolitan District of Bradford receive good quality assessments and appropriate services.

The protocol governs the information sharing arrangements between the key partners in relation to the referral and assessment process for vulnerable children living within their own families who may be “In Need” as defined by Section 17 of the 1989 Children Act (i.e. “is unlikely to achieve or maintain reasonable standard of health or development, or health or development is likely to be significantly impaired, or further impaired without the provision of such services, or is disabled”).

The protocol should be used in conjunction with individual Agency Procedures and Guidance on Information Sharing.

1.3

Background

The protocol is governed by the following Legislation and Guidance;

The Children Act 1989
Data Protection Act 1998
Working Together to Safeguard Children 1999
Framework for the Assessment of Children in Need and their Families 2000.
The Human Rights Act 1998.
Access to Health Records Act 1990 (in respect of deceased persons only)
The Common Law of Duty of Confidentiality.
Crime and Disorder Act 1998 (Particularly Section 115).

2. Objectives of the Protocol

2.1	To clarify the purposes for which partner agencies may share information about children and families, namely, to gain an understanding of children’s needs in order to promote their welfare and ensure their safety.
2.2	To inform parents and children/young people of the reasons why information about them may need to be shared.
2.3	To recognise people’s rights to privacy and ensure their confidentiality is respected.
2.4	To avoid the repetition and duplication of professional effort and minimise the number of times children and parents are asked for the same information about themselves.
2.5	To provide clear and unambiguous guidance for staff within partner agencies in order to improve working practices and to afford staff protection against complaint or prosecution by Service Users.
2.6	To set out clearly the roles and responsibilities of each partner agency.

3. General Principles

3.1	The agencies who are signatories to this protocol have agreed to share information for the purposes of assessing children’s needs and planning services for children and their families.
3.2	The partner agencies are committed to being open and honest with Service Users about the fact that information relating to them will be shared between partner agencies.
3.3	Personal information should always be dealt with in a sensitive and non-discriminatory manner.
3.4	Children, young people and their parents should have the opportunity to gain access to information held about them, in accordance with Data Protection principles, and to correct any factual errors that have been made, in line with Procedures surrounding Access to Case Records.
3.5	Working with families in an open and honest way is a key principle governing the work of all partner agencies. This means that consent to the sharing of information will, usually, be obtained. There will be exceptions to this, as outlined in this protocol. Where a professional judgement indicates that consent cannot be obtained, a decision could be made to inform the parent that information will be shared, without consent. The reasons for this would need to be explained and that decision recorded. In exceptional situations information will be shared without consent and without parents being informed; that decision would need to be recorded. As the lead agency, in relation to the Assessment Framework, Social Services will provide a consultancy role regarding such situations.
3.6	Where a professional judgement is made (by the referring agency) and recorded that a child is at risk of significant harm, the obtaining of consent may be dispensed with if seeking consent, or the refusal of consent, is likely to increase the risks to the child(ren) or potentially compromise a Child Protection investigation. (The matrix of need should be used to help determine whether the child is at risk of significant harm). Monitoring systems will be set up to evaluate the occasions when this occurs.
3.7	Where it is necessary to share information without consent, it is important that the information is only shared with those who need to know and is limited to such information that is essential to fulfil the purpose of the disclosure (i.e. to protect a child from significant harm).
3.8	A professional who is supplying information held on their records regarding a child or family member should clearly state whether the information being supplied is fact, opinion, or a combination of both.
3.9	It shall be normal working practice in each agency to obtain the consent of the child or young person and / or their parent prior to disclosing information about them to another agency. The exception to this is where consent may be dispensed with because of prevention or detection of a crime (ref. Data Protection Act 1998) or in relation to general principal paragraph 3.6. If a parent refuses consent and there are no concerns regarding significant harm to their child, a referral should not be made, as the parents have not given their consent to the sharing of information.
3.10	At the initial stages of the assessment process, relevant information will need to be supplied to either the Social Services Department or the agency completing the Initial Assessment. Sufficient information will be required in order to determine whether the child is in need and, if so, what further action is required. In order to provide a common data set of information, agencies referring children for an Initial Assessment will do so on the Initial Information Record (Form CC61).
3.11	Parents have a right to know that partner agencies will make judgements about the child’s health and development, which may be shared with other agencies.
3.12	Where parents or children or young people consider their confidentiality has been breached they have a right to complain via the Internal Complaints Procedure of the agency alleged to have breached the confidence. This will not affect their additional rights of redress as detailed in the Data Protection Act.
3.13	Each partner agency will have their own File Retention and Access to Records Policies, which will be based on the relevant Legislation and Guidance and can be shared with partner agencies and Service Users.
3.14	Information exchanged between agencies will normally be available to the Service User and placed on their record, to which they have a right of access as set out in the Data Protection Act 1998.
3.15	In any situation where professionals provide information without consent, the reasons for taking that decision must be recorded and must be in accordance with Data Protection Legislation and Human Rights Act.
3.16	Where information is required to be exchanged in relation to a deceased person, the Data Protection Act does not apply. In these circumstances the general principles of this protocol will be applied. Careful consideration will be given to the disclosure of information concerning a deceased person and if necessary, legal advice should be sought on each individual case.
3.17	Parents and children should be made aware that statistical information which does not identify individual families may be shared between partner agencies for strategic planning purposes. If required, further information can be supplied to them on request.
3.18	All partner agencies will take any necessary steps to ensure the personal data held by them, both paper and electronic records are held securely and are only available on a “need to know basis”.

4. Arrangements for Sharing Information

4.1	The lead agency for undertaking assessments, within the Department of Health Framework of Assessment, is the Social Services Department. However, partner agencies will make contributions towards assessments and in some situations will take a lead in completing individual assessments.
4.2	Referrals for assessments should be made with the knowledge and consent of the child’s parents. The consent must be clearly recorded.
4.3	Referrals for assessment will be made without the consent of parent(s) if to obtain such consent would place the child at risk of significant harm or refusal to give consent places the child at risk of significant harm. If the referral is made without consent, that must be clearly recorded also, and the reasons stated.
4.4	Consent is not necessary, for an authorised worker from an Area Child Protection agency, to check whether the child is subject to a Child Protection Plan
4.5	Keeping children safe from harm requires professionals and others to share information (Ref: Section 7.27 of ‘Working Together to Safeguard Children’). There will be situations where professional judgement indicates that information be shared without consent in order to build up a picture to indicate that a child is at risk of significant harm. Reasons for not making parents aware of concerns and not seeking consent to further information sharing need to be recorded.
4.6	Following a contact from a member of the public it may be necessary to make a referral to another agency or complete an Initial Assessment. Where possible, the agency receiving the contact should obtain consent from the child/young person (if of sufficient understanding) and their parents to make the referral.
4.7	Careful consideration would need be given as to whether the child or young person has the ability and understanding to give informed consent. Where a professional makes a judgement in relation to the capacity of a young person to give informed consent they must clearly record their reasons for reaching their decision. The advice of managers, and/or legal advice may need to be sought in particularly complex situations.
4.7	Where a young person is deemed to be ‘Gillick’ competent (see Glossary of Terms) but is refusing consent for the sharing of information, contrary to the wishes of his/ her parent(s) information will be shared, without the young person’s consent, if a professional judgement has been made that the refusal to consent places the young person at risk of significant harm.
4.9	The consent to obtain and share information will be undertaken by the agency making the referral or completing the Initial Assessment. This will be obtained by asking the child, young person and/or parent to sign the Consent Form.
4.10	In some circumstances it will not be possible to obtain written consent in the manner described in 4.9. Where verbal consent is obtained to share information this must be clearly recorded in the Case Records. If possible written consent should then be obtained at the earliest opportunity.
4.11	Consent obtained only relates to the specific referral made. If a further referral, that is of a different nature (i.e. concerns a new situation or set of circumstances), is made, fresh consent must be obtained.
4.12	Prior to the commencement of an assessment the family should be provided with a copy of the Information Leaflet, which explains to them the assessment process.
4.13	A parent may only give consent to obtain and share information about themselves or about those children for whom they have Parental Responsibility. They may not give consent on behalf of the other parent or another adult care giver of the child.
4.14	Where a child or young person is deemed to be of sufficient age and understanding to give their own consent they should be asked for consent themselves and the parent’s consent would not be necessary. In circumstances where the child or young person refuses consent but their parent gives consent on their behalf, a professional judgement would be required as to whether the child is sufficiently competent for their refusal to take precedence over the parents agreement. In such circumstances, consultation with a manager should take place and it may be necessary to obtain legal advice.
4.15	All partner agencies need to be aware that information shared may be used in legal proceedings in order to safeguard the welfare of the child.
4.16	Agencies working with this protocol should ensure that staff are complying with this protocol and that problematic issues relating to information sharing are being addressed as part of every day working practices.
4.17	Practice issues or problems that are identified within each agency should be aggregated, reported and regularly reviewed by the inter-agency steering group.
4.18	Methods of information exchanged covered by this protocol include: Verbal exchanges by telephone or face to face Faxes, letters and other written material and electronic records
4.19	The Internet or Web may not be used for the transmission of person data. This means that information containing personal details that enables an individual to be identified cannot be e-mailed via the Internet. However, internal e-mailing within a secure network is permissible (Reference Data Protection Act 1998)
4.20	With regard to the retention and destruction of information held within partner agencies, each agency will produce their own File Retention Policy to inform Service Users and other agencies. Such policies must adhere to Data Protection Guidance.
4.21	This protocol will be circulated to all relevant staff within partner agencies. Each partner agency will keep sufficient copies to enable the protocol to be readily available to members of staff and members of the public who require it.
4.22	This protocol will be reviewed through the Assessment Framework Inter-Agency Steering Group who will report to the Integrated Children’s Services Plan Board.
4.23	Where other offices/agencies want to come in and read closed files, the following procedures have been agreed.
4.24	Adoption and Fostering Unit If A & F want information from a closed file, they will contact the Initial Contact Point and the details of the request will be taken. The file will be requested in the normal way (file request slip completed by the Contact Point worker and put in the “file request” tray). The file request slip should show the worker requesting as the worker in A & F who has requested the file – but we should indicate in the “Transfer to” section of the slip that the file needs to come up to the Contact Point. A date will be made with the A & F when they are able to visit Olicana House to read the file (need to ensure the file will be available by that date so give at least 2 days notice). The worker can then visit the Contact Point on that date when the files will be available to them and they can read them on site.
4.25	CAFCASS If a CAFCASS worker requests access to a file, we need to establish if this is a private or public law matter. If this is a private law matter (residence application, contact order) the CAFCASS worker must confirm they have obtained consent to access the information from the person who is caring for the child on whom Social Services hold the file. If they have not obtained consent, they cannot have access to the file. If they have obtained consent, the Contact Point worker should request the file and make arrangements for the CAFCASS worker to come in and view the file. If a public law matter (care proceedings, usually) then they have a right to access the file without seeking consent. The Contact Point worker should request the file and make arrangements for the CAFCASS worker to come in and view the file.
4.26	Probation Where Probation want a ICS check or information from a file, there is an agreed protocol whereby Probation have pro-forma forms they can complete, which should then be sent to our Child Protection Unit, who deal with the enquiry. If the enquiry is more urgent and it is not possible for them to put in writing in the normal way, the call should be put through to Child Protection Unit – 4343. It may be that once CPU have dealt with the initial request they have been able to provide the information required. If, however, more detail is needed from any file we hold, they may be put through to us for access/information from the actual file. Where Probation require access in relation to a Pre-sentence report for Court, they may have access. In any other circumstance the general rule is that they require consent. Ultimately if access if approved, the Contact Point worker would request the file and make arrangements for the Probation Officer to come in and view the file. A “Contact” only should be entered on ICS to indicate who has requested access and under what criteria they have been given access, and a review date entered for the date the professional has arranged to come and read the file.

5. Glossary of Terms

Please refer to the Initial and Core Assessments Guidance.

End