Find out more about information sharing

Answers in depth

1. Which of the following statements best describe why good knowledge of information sharing is important?

Correct answer: There are professional and, in some cases, legal reasons for individuals and organisations to share information to support early intervention as well as to safeguard children, young people and vulnerable adults.

Information sharing is key to the government’s goal of delivering better, more efficient public services that are coordinated around the needs of the individual. It is essential to enable early intervention and preventative work, for safeguarding and promoting welfare and for wider public protection. Appropriate information sharing is important to help avoid serious cases but that is only part of the reason for doing it. Information sharing is a vital element in improving outcomes for all.

It is not necessary to understand all of the Data Protection Act. The cross-government Information Sharing: Guidance for practitioners and managers (see www.dcsf.gov.uk/ecm/informationsharing) offers clarity on when and how information sharing can be shared professionally or legally for people working in all sectors.

2. In an organisation, which roles most need to know about information sharing?

Correct answer: People who provide services at the front line, their managers and team leaders as well as those in organisations who have responsibility for implementing and supporting multi-agency working and those with responsibility for information governance.

People in roles where they have to make decisions about sharing personal information on a case-by-case basis should know about information sharing, whether or not they work directly with the public or manage front-line staff, and whether they are:

• working in the public, private or voluntary sectors;
• providing services to children, young people, adults and/or families;
• working as an employee, a contractor or a volunteer.

This includes frontline staff working in health, education, schools, social care, youth work, early years, family support, offending and criminal justice, police, advisory and support services, and culture and leisure.

Managers and advisers who support these practitioners in their decision making and others with responsibility for information governance, safeguarding or data protection also need to know about information sharing.

3. How does the Data Protection Act 1998 support information sharing?

Correct answer: The Data Protection Act provides a framework to ensure that personal information is stored and shared appropriately.

The Data Protection Act is not a barrier to sharing information - it provides a framework to ensure that personal information about living persons is shared appropriately. It sets down principles and rights that describe how to decide whether to share, what to share and how to store and share personal information.

4. A practitioner thinks it would help someone in their care if they could discuss their case with another practitioner who is working with them. They do not feel the person or anyone else is in any danger. How should they approach this?

Correct answer: They should explain to the person what they would like to do, and ask for their consent to share, ensuring that they understand what they are consenting to. They should also leave their organisation’s Privacy Notice with the person for further information.

In early intervention and preventative work, the consent of the child, young person or family will normally be required for the lawful sharing of information.

The basic legal requirement is for a practitioner to make sure the person knows who the practitioner and organisation are, what they intend to do with their information, and who it will be shared with.

A privacy notice is one way of complying with this legal requirement however it is not the only way. Organisations cannot infer consent from non-response to a communication, for example from a person’s failure to return or respond to a leaflet. Privacy notices are important but must not replace personal discussion when seeking consent.

The practitioner should 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 the implications of sharing or not sharing the information, and seek their consent to share, unless it is unsafe or inappropriate to do so.

There are exceptional circumstances, set out in guidance, where a practitioner may need to act without consent.

5. Which of the following statements best describe when practitioners should share information?

Correct answer: They must share information if there is a concern that a child or young person may be at risk of harm, irrespective of the individual or parent’s views. Where there is no risk of harm, they should share relevant information subject to individual or parental permission.

Information sharing is important in a range of situations:

• as part of early intervention and preventative services;
• between adult and children services;
• to support transitions;
• where there are concerns about significant harm to a child or young person or serious harm to an adult;
• in an emergency situation; and
• where a practitioner is obliged to share information because of a statutory duty or court order.

Information sharing protocols (ISPs) are not a legal requirement and are not required before practitioners can share personal information. ISPs do not confer any legal powers or permissions to share personal information and cannot guarantee adherence to data protection legislation.

6. Which are the main factors that should inform a practitioner’s decision of what to share?

Correct answer: The views of the individual or family, the importance and relevance of the information and the risks of sharing or not sharing the information.

A practitioner deciding whether to share information with another practitioner needs to ensure that they:

• only share the information necessary for the purpose for which it is being shared;
• understand the limits of any consent given, especially if the information has been provided by a third party;
• distinguish clearly between fact and opinion;
• share the information only with the person or people who need to know;
• check that the information is accurate and up-to-date;
• share it in a secure way, for example, confirm the identity of the person they are talking to; ensure that a conversation or phone call cannot be overheard; use secure email; ensure that the intended person will be on hand to receive a fax;
• establish with the recipient whether they intend to pass it on to other people, and ensure they understand the limits of any consent that has been given; and
• if they have not done so already and it is safe to do so, they should inform the person to whom the information relates and, if different, any other person who provided the information.

In deciding what information to share, they also need to consider the safety of other parties, such as themselves, other practitioners and members of the public.

Having consent to share information is an important factor but not the only one. Practitioners should consider the potential repercussions for not sharing the information, as well as sharing the information.

7. If a practitioner has any doubts about whether it is appropriate to share information about someone they are working with, what should they do?

Correct answer: Ask their manager, an experienced person within their organisation or their nominated lead for information sharing/safeguarding, without disclosing the identity of the person, wherever possible.

They should be able to seek advice from their manager or a nominated individual in their organisation or local area whose role is to support them in these circumstances. Where possible they should not disclose the identity of the person concerned. Other sources of advice include the Information Commissioner’s Office (ICO) and the Local Safeguarding Adults Board or Local Safeguarding Children Board. If the practitioner is working in the NHS or a local authority, the Caldicott Guardian may be helpful. Advice can also be sought from representative bodies, for example, the British Medical Association or the Royal College of Nursing.

If you are unsure at any stage, then seek advice. Don’t delay, it may be important.

8. What should a practitioner record once they have made a decision about sharing information?

Correct answer: They should record their decision and the reasons for it, including whether or not they have consent and whether or not they decide to share information. If the decision is to share, they should record what information was shared and with whom.

Consent decisions should always be recorded. Where appropriate and possible, it is anyway preferable to obtain written consent from the person since that reduces the scope for subsequent dispute.

A practitioner should record their decision and the reasons for it, whether or not they decide to share information. If the decision is to share, they should record what information was shared and with whom.

Practitioners should work within their agency’s arrangements for recording information and within any local information sharing procedures in place.

9. Which of the following statements best describe who the HM Government information sharing guidance is for?

Correct answer: It is for people working with children, young people, adults and families, in all services and sectors.

This guidance is for practitioners who have to make decisions about sharing personal information on a case-by-case basis, whether they are:

• working in the public, private or voluntary sectors;
• providing services to children, young people, adults and/or families; and
• working as an employee, a contractor or a volunteer.

This includes frontline staff working in health, education, schools, social care, youth work, early years, family support, offending and criminal justice, police, advisory and support services, and culture and leisure.

This guidance is also for managers and advisors who support these practitioners in their decision making and for others with responsibility for information governance.

The HM Government information sharing guidance is available to download or order from www.dcsf.gov.uk/ecm/informationsharing together with resources such as pocket guide, posters, quick reference guide, training materials and more.

These include practical advice such as golden rules and key questions for information sharing, plus an Embedding Information Sharing Toolkit for managers with a responsibility for integrated working or information sharing.