Information Sharing for MASH Members

1. Information Sharing forMASH Members

2. Housekeeping • Introductions • Fire Exits • Toilets • Breaks • Phones • Learning Contract • Handouts

3. Aims of the Session • To appreciate importance of information sharing • To be aware of key principles and legislation • To explore practice issues across professional boundaries • Know the key sources of further information and support on information sharing

4. National Drivers • Every Child Matters • Children Act 2004, Sections 10,11,12 • HM Govt Information Sharing Guidance 2008 • Learning from Serious Case Reviews • Development of safeguarding adults framework • Munro • Effectiveness of early help

5. What practitioners need to know • How to share information confidently as part of preventative services, as well as where there are concerns about significant harm • How the law applies to information sharing • How to handle confidential information • Who can give or refuse consent • How to make decisions when unsure • What information to share and how to share it • What support they can access from employers

6. Local action • LAs and their partners must ensure that information sharing is properly addressed including: • Information sharing governance frameworks that focus on improving practice in information sharing (MASH ISA) • Secure mechanisms for sharing information, within and across service and professional boundaries. • Relevant managers and practitioners are trained and understand the legal basis for sharing information. • Sharing information becomes an integral part of the way in which practitioners fulfil their duties

7. The framework for sharing information

8. Seven Golden Rules • Remember that the Data Protection Act is not a barrier to sharing information • Be open and honest • Seek advice • Share with consent where appropriate • Consider safety and wellbeing • Necessary ,proportionate, relevant, accurate, timely and secure • Keep a record

9. Is there a legitimate purpose to share the information? Does the information enable a person to be identified? Is it confidential? Do you have consent to share? Is there a statutory duty or court order to share? Is there sufficient public interest to share? If you share, is it the right information in the right way? Have you properly recorded your decision? Key Questions

10. Confidential Information Confidential information is.. sensitive, not already in public domain, shared in confidence • Evidence that the child is suffering or at risk of suffering significant harm • Reasonable cause to believe the child may be suffering or at risk of suffering significant harm • To prevent significant harm to children or serious harm to adults authorised by the person who provided it or to whom it relates Can be shared if.. Can be shared unauthorised if justified in the public interest.. Practitioners must weigh up their decision – whether it is to share or not - and record the reasons for it

11. Legislation containing express powers or which imply powers to share: • Local Government Act 2000 • The Children Act 2004 and 1989 • Education Act 2002 and 1996 • Learning and Skills Act 2000 • Education (SEN) Regulations 2001 • Leaving Care Act 2000 • Protection of Children Act 1999 • Immigration and Asylum Act 1999 • Crime and Disorder Act 1998 • National health Service Act 1977 & 2006 • The Health and Social Care Act 2003 • Mental Capacity Act 2005 • Criminal Justice Act 2003 • Adoption & Children Act 2002 • The Localism Act 2011 • Welfare Reform Act 2012 The Human Rights Act 1998 The common law duty of confidentiality The Data Protection Act 1998 The Law

12. The Human Rights Act • Obligation to safeguard rights of children • Article 2 Right to life • Article 3 Not to be subjected to degrading treatment • Article 5 Liberty and security Article 8 , right to privacy But 8.2 , can be justified in interests of National security Public safety Economic well being of country Prevention of crime and disorder Protection of health, rights and freedoms

13. Common Law Duty of Confidentiality Not absolute • If information not confidential • If person has given consent • Overriding public interest • Court order/other legal obligation

14. The Data Protection Act 1998 Can person be identified? Schedule 2 • Consent • Protect vital interests • Court order/legal duty • Statutory function • Public function in public interest • Necessary for data controller

15. The Data Protection Act 1998 Sensitive information? Schedule 3 • Consent • Protect vital interests • Exercise legal rights/proceedings • Perform statutory function • Substantial public interests and necessary to prevent/detect crime • Necessary for medical purposes

16. The Haringey Judgement • Relates to an incident that pre-dates the establishment of a MASH • Reiterates the importance of adhering to published information sharing guidance • Reiterates the necessity of documenting all decisions about why we are seeking and sharing information and whether this is done with or without consent • Does NOT say that information can only be shared without seeking consent when the threshold for a Section 47 is reached

17. Group Exercise Information Sharing Exercise 1

18. Sharing Information as part of Preventative Services Increased emphasis on integrated working across children’s services to better identify and meet needs • Effective partnership working and information sharing between universal services and targeted and specialist services • Active processes for identifying children and young people at risk of poor outcomes (using the CAF where appropriate), and passing information to those delivering targeted support Success depends upon… Practitioners must: • Openly and honestly explain information sharing • Seek consent

19. Sharing information where there are concerns about significant harm Practitioners must: • Always place child’s interests first • Always consider referral if concerns • Seek advice if unsure

20. Sharing information where there are concerns about significant harm Issues to consider: • Significant harm can arise from varying circumstances • Serious harm to adults • Public interest • Consent where possible

21. Group Exercise To share or not to share?Exercise 2Case Scenarios

22. Consent • Must be informed • Can be explicit or implicit • Must be openly secured • Should be reviewed • Can be withdrawn

23. Consent Practitioners must: • Use clear language • Explain limits of confidentiality • Be aware of legislation • Follow procedures Be aware of exceptions

24. Who can give or Refuse Consent? • Parent with parental responsibility • Local Authority if shared PR • Court order • Age 16 plus or under 16 if capacity • Assessment of Fraser Competence ( generally 12 and over ) • Assessment of Mental Capacity for specific decision (MCA 2005)

25. Assessing capacity for consent • Points to consider when assessing a person’s capacity to make a specific decision at a specific time • Does the person: • understand the question being asked of them • have a reasonable understanding of: • what information might be shared • reasons for sharing the information • implications of sharing/not sharing the information • appreciate and consider alternative courses of action • weigh up one aspect of the situation against another • express a clear personal view on the matter • keep a reasonable consistency in their views

26. What to share and how to share it Practitioners should: • Share information necessary • Share with those who need to know • Ensure information accurate/up to date • Share it securely • Check understanding of recipient re limits of consent • Inform subject, if safe to do so • Record reasons for deciding to share

27. Recording: a Reminder • Accuracy • Time bounded/dated • Fact or opinion? • Sources of Information • Validity of information • What is the significance of the information • Dynamic risk assessment

28. Recording : Good Practice for Information Sharing Requests • ‘How to Guide’ • Record any requests received • Date and Time • Summary of information • Requestor details • Decision and reason • Consultation/Management endorsement where necessary • Consent? • What is shared, how and with whom?

29. Sources of advice and support • Your Manager or Designated Safeguarding Lead • Caldicott Guardian • Regular Training through your local LSCB or Workforce Development Team • MASH Lead

30. Caldicott Principles (1) • Justify the purpose for using confidential information • Only use it when absolutely necessary • Use the minimum required • Access should be on a strict need-to-know basis • Everyone must understand their responsibilities • Everyone must understand and comply with the law • The duty to share information can be as important as the duty to protect patient confidentiality

31. Caldicott Guardian – Role (1) • Agreeing and reviewing policies • Ensuring the organisation satisfies the highest practical confidentiality standards • Acting as the ‘conscience’ of the organisation • Advising on lawful and ethical processing of information • Resolving local issues • Ensuring a record of resolved issues is kept

32. Caldicott Guardian – Role (2) • Representing and championing IG requirements and reporting issues at Board/Senior Management Team level • Working as part of a broader Information Governance function • (NHS Connecting for Health - key role in developing/maintaining NHS IT infrastructure) • A signatory for high level agreements

33. Useful Contacts / References • Information Sharing: Guidance for practitioners and managers 2008 http://webarchive.nationalarchives.gov.uk/20130401151715/https://www.education.gov.uk/publications/eOrderingDownload/00807-2008BKT-EN-March09.pdf • London MASH Information Sharing Guidance 2013 http://www.londonscb.gov.uk/mash/ • The Caldicott Guardian Manual 2006 www.connectingforhealth.nhs.uk/infogov/resources/new_guidance

34. Useful Contacts / References • The Data Protection Act 1998 www.opsi.gov.uk/acts/acts1998/19980029.htm • The Information Commissioner: for guidance on data protection www.ico.gov.uk/ • The Freedom of Information Act 2000 www.opsi.gov.uk/acts/acts2000/20000036.htm • The Department for Constitutional Affairs: for guidance on freedom of information www.foi.gov.uk/