Transcript Slide 1

Information Sharing for
MASH Members
Housekeeping
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Introductions
Fire Exits
Toilets
Breaks
Phones
Learning Contract
Handouts
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
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
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
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
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 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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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
• 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
Group Exercise
Information Sharing
Exercise 1
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
Group Exercise
To share or not to share?
Exercise 2
Case Scenarios
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
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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)
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
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
Recording : Good Practice for
Information Sharing Requests
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‘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?
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
Caldicott Principles (1)
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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
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
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
Useful Contacts / References
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Information Sharing: Guidance for practitioners and managers
2008
http://webarchive.nationalarchives.gov.uk/20130401151715/http
s://www.education.gov.uk/publications/eOrderingDownload/0080
7-2008BKT-EN-March09.pdf
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London MASH Information Sharing Guidance 2013
http://www.londonscb.gov.uk/mash/
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The Caldicott Guardian Manual 2006
www.connectingforhealth.nhs.uk/infogov/resources/new_guidan
ce
Useful Contacts / References
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The Data Protection Act 1998
www.opsi.gov.uk/acts/acts1998/19980029.htm
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The Information Commissioner: for guidance on data protection
www.ico.gov.uk/
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The Freedom of Information Act 2000
www.opsi.gov.uk/acts/acts2000/20000036.htm
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The Department for Constitutional Affairs: for guidance on
freedom of information www.foi.gov.uk/