Transcript Slide 1

MASH Set 3
Managing MASH Members
Housekeeping
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Introductions
Fire Exits
Toilets
Breaks
Phones
Learning Contract
Handouts
Aims of the Session
• At the end of this session participants will:
– Understand the various roles of MASH manager and
staff
– Be clear about the framework for information sharing
– Acknowledge the importance of effective supervision
in the context of MASH
– Have explored different ways of resolving conflict
Role of the MASH Team
manager
• Will coordinate , not supervise staff. They will be expected to
liaise/meet with the individual’s line manager
• To coordinate safeguarding concerns where there is no
immediate risk to the child
• These referrals and contacts will be passed to the MASH
team with a RAG priority rating
• The MASH manager will then decide to:
- Pass the case to the section 47 response team
- Allocate the case to a core social work team
- Refer the case to another agency or service or
- Close the case with no further action
The MASH team manager will have the final say in all
safeguarding decisions in MASH
Role of MASH Team Member
• Will research the information their agencies hold on the child
• This information will be collected, discussed and passed to
the MASH manager within the timeframe required by the RAG
rating
• Share information where appropriate to make the best
decisions for children and young people at risk
• All partners will sign up to an Information Sharing Agreement
that specifies what data can be shared within the MASH and
what happens to that data once the MASH manager makes a
decision about the case
• Each agency will assess whether it is appropriate for their
information to be shared in line with the Information Sharing
Agreement on a case-by-case basis
Role of MASH team member cont..
• The data will be held securely and confidentially. The
MASH will have physical, electronic and managerial
safeguards to ensure that sensitive information is only
accessed by those who ‘need to know’ about it
• Any relevant information disclosed during the MASH
process will be signposted for the non-MASH
professionals receiving the case
• This tells them which agencies hold useful information
but does not reveal the information itself. They can then
contact the necessary agencies to request that
information without breaching data protection rules
Role of the MASH team member’s line
manager/supervisor
• To ensure the whole team have attended the
awareness/information session ( SET 1)
• Training has been arranged for the MASH team members to
enable them to work with the new processes and gain an
understanding of the culture of the MASH and its aims to
improve outcomes for children( SET 2)
• The MASH staff will continue to be supervised by their own
agencies. It is the responsibility of the line manager to ensure
that any staff who have been identified to work as part of the
MASH are skilled to undertake the role in MASH
• To attend training designed for MASH line
managers/supervisor (SET 3)
The framework for sharing
information
Seven Golden Rules
1. Remember that the Data Protection Act is
not a barrier to sharing information
2. Be open and honest
3. Seek advice
4. Share with consent where appropriate
5. Consider safety and wellbeing
6. Necessary ,proportionate, relevant,
accurate, timely and secure
7. Keep a record
Key Questions
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?
Confidential Information
Confidential
information is..
sensitive, not already in public
domain, shared in confidence
Can be shared if..
authorised by the person who
provided it or to whom it relates
Can be
shared
unauthorised
if justified in
the public
interest..
• Evidence that the child is suffering or
at risk of suffering significant harm
• Reasonable cause to believe the
child may be suffering or at at risk of
suffering significant harm
• To prevent significant harm to
children or serious harm to adults
Practitioners must weigh up their decision – whether it is to
share or not - and record the reasons for it
The Law
The Human
Rights Act
1998
The common
law duty of
confidentiality
The Data
Protection Act
1998
Legislation containing express powers
or which imply powers to share:
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The Children Act 2004 and 1989
Local Government Act 2000
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 2002
Welfare Reform Act 2012
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
Common Law Duty of
Confidentiality
Not absolute
• If information not confidential
• If person has given consent
• Overriding public interest
• Court order/other legal obligation
The Data Protection Act 1998
Can person be identified?
Schedule 2
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Consent
Protect vital interests
Court order/legal duty
Statutory function
Public function in public interest
Necessary for data controller
The Data Protection Act 1998
Sensitive information?
Schedule 3
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Consent
Protect vital interests
Exercise legal rights/proceedings
Perform statutory function
Substantial public interests and necessary to
prevent/detect crime
• Necessary for medical purposes
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
Sharing Information as part of
Preventative Services
Increased
Effective partnership working and
emphasis on
information sharing between
integrated
universal services and targeted
working
and specialist services
Success
across
depends Active processes for identifying
children’s
upon…
children and young people at risk
services to
of poor outcomes (using the CAF
better
where appropriate), and passing
identify and
information to those delivering
targeted support
meet needs
Practitioners must:
Openly and honestly explain information sharing
Seek consent
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
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
Consent
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Must be informed
Can be explicit or implicit
Must be openly secured
Should be reviewed
Can be withdrawn
Consent
Practitioners must:
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Use clear language
Explain limits of confidentiality
Be aware of legislation
Follow procedures
Be aware of exceptions
Who can give or Refuse
Consent?
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Parent with parental responsibility
Local Authority if shared PR
Court order
Age 16 plus or under 16 if capacity
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
What to share and how to share it
Practitioners should:
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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
Conflict Resolution
• There will inevitably be times when
disagreements and conflicts need to be resolved
• People tend towards one of the following
options:
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Competition
Accommodation
Avoidance
Compromise
Collaboration
• Which is your preferred style of response?
Effective Supervision in the
context of a MASH
Definition
“...an accountable process which supports , assures and
develops the knowledge, skills and values of an
individual, group or team.
The purpose is to improve the quality of their work to
achieve agreed outcomes.”
Reference : Providing Effective Supervision
Skills for Care and CWDC 2007, page 5
Functions of Supervision
The key functions of Supervision are:
• Management (ensuring competent and accountable
performance / practice)
• Engagement/ mediation (engaging the individual with the
organisation)
• Development (continuing professional development)
• Support (supportive/ restorative function)
Function in Management
The arrangements for organising how supervision is
delivered will vary from agency to agency, but there are
some key essential elements. It should:
• Help to ensure that practice is soundly based and
consistent with LSCB and organisational procedures
• Ensure that practitioners fully understand their roles,
responsibilities and the scope of their professional
discretion and authority; and
• Help identify the training and development needs of
practitioners, so that each has the skills to provide an
effective service
Function in practice
Good quality supervision can help to:
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Make sure the focus remains on the child
Avoid drift
Maintain a degree of objectivity, identify patterns
(rather than just responding to incidents) and
challenge fixed views
Test and assess the evidence base for
assessment and decisions; and
Address the emotional impact of work
Supervisor’s role and responsibility
Supervisors should
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Be trained in supervision skills and have an up to date
knowledge of the legislation, policy and research
relevant to safeguarding and promoting the welfare of
children
• Take care that they are handling an appropriate number
of direct reports to ensure that each supervisee is
receiving an adequate level of support
Systems and Process
Each agency should have a supervisory system in place
that is accessible to the professional and reflects practice
needs. Supervision should form part of day-to-day staff
support, which should also include systems and
procedures for :
• Managing workloads
• Managing , sharing and reporting individual and
aggregated client information
• Staff to access advice, expertise and management
support
Systems and Process (2)
• Maintaining quality standards e.g. Regular audits of
cases that involve children
• Staff, contractors or clients to complain or ‘blow the
whistle’
• Effective staff appraisal and managing poor practice
Points to remember
• Clarify roles and responsibilities
• Which manager is responsible for the day
to day supervision of the team member
• Ensure to liaise / meet on a regular basis
• Know the supervision policy in your own
agency