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1. Introduction:

Sharing the right information at the right time with the right people, is fundamental to good safeguarding practice. Good information sharing enables practitioners and agencies to work together effectively, in the interests of supporting people within our communities to be safe and to feel safe. 

Too often however, people and organisations feel they cannot share information. Out of fear of doing the wrong thing, sometimes information that could make a real difference to someone’s safety is not passed on. This is why we have developed this policy. We recognise that to support practitioners to make decisions about these important and sometimes difficult areas of practice, we need to provide clear guidance. 

It is the Care Act 2014, Data Protection Act 2018 and General Data Protection Regulation that provide our legal framework for sharing information between different agencies and organisations. The first step to good information sharing, is to recognise that laws and regulations are not barriers to working together, but rather they provide a framework to ensure that information is shared appropriately, and in a way that protects citizen rights. 

We have sought to explain the Acts and these Regulations in relation to key issues in safeguarding adults, which we hope practitioners will find helpful in supporting their day-to-day practice. However, if you remain unsure if you can share information please seek additional advice from managers and information sharing leads within your organisation. 

Independent Chair Leeds Safeguarding Adults Board

2. Scope

This Policy applies to all member organisations of the Safeguarding Adults Board and all non-member organisations that might need to share information to safeguard adults at risk. 

It provides guidance in relation to three important areas of safeguarding work: 

  1. Sharing concerns about a person at risk of abuse and neglect
  2. Sharing information about a person in a position of trust
  3. Sharing information for the purposes of a Safeguarding Adults Reviews
  4. Sharing information for quality assurance purposes
  5. Sharing information with the adult at risk (about a person alleged to have caused harm)

This guidance cannot contain all the provisions of the Data Protection Act 2018 and the General Data Protection Regulations, which should be consulted for further information as required. Organisations should also work within the context of their own information sharing policies and seek advice from their information sharing leads as required in relation to individual cases.

3. What kinds of information is covered by this policy?

Safeguarding someone from abuse or neglect will involve agencies working together. This will require agencies to share information about people with other agencies. This will often include both ‘personal’ and ‘special category’ data. 

Personal data relates to a living individual who can be identified from the data, or from the data in combination with other information which is at the disposal of other individuals or is in the public domain. 

Personal data includes obvious identifiers such as names, addresses, dates of birth, as well as NHS or National Insurance numbers. Facial photographs and CCTV footage are also regarded as personal data, as are descriptions or photographic records of unique scars, tattoos or other markings. 

Where information is fully anonymised, or is otherwise non-identifiable or wholly statistical in nature it is not personal data. 

Special category data relates to race; ethnic origin; politics; religion; trade union membership; genetics; biometrics (where used for ID purposes); physical or mental health (including disabilities); sex life and / or sexual orientation. Although not part of the GDPR definition of Special Category Data, information relating to the commission or alleged commission of any offence; and criminal proceedings, should be regarded as equally sensitive. 

Information relevant to safeguarding will often concern someone’s physical or mental impairment or illness, this information is special category data. 

The nature of this policy involves information sharing to protect adults with care and support needs, and the legal basis for this will include either:

  • Consent
  • Substantial public interest
  • Public Tasks / Legitimate tasks – in the context of public interest concerns; and
  • Legal obligation 

As such, in this context, the policy will apply equally to both the sharing of personal data and special category data.

4. Key messages for safeguarding practice
  1. Frontline staff and volunteers should always report safeguarding concerns in line with their organisation’s policy – this will usually be to their line manager in the first instance except in emergency situations.                                                                                                                                                                                         
  2. Within organisations, practitioners do not need consent to share information with relevant managers and colleagues; this is part of providing a safe and appropriate service. Confidentiality should not be confused with secrecy. Information provided to practitioners in the course of their role can be shared without consent with relevant managers and colleagues.                                                                                                                                                                                                 
  3. Adults have a right to independence, choice and self-determination including control over information about themselves. In the context of safeguarding adults however, actions sometimes need to be taken in the absence of consent in certain circumstances.                                                                                                                                 
  4. You should seek consent where possible before sharing information with different organisations. It is important to be open and honest with the person whose information you want to share from the outset about why, what, how and with whom information will, or could, be shared, and seek their agreement unless to do so places someone at risk or is not practicable.                                                                                                                                                               
  5. Individuals may not give their consent to the sharing of information with other organisations for a number of reasons. For example, they may fear losing control, they may not trust a particular agency or they may fear that their relationship with the person posing a risk will be damaged. Explanation, reassurance and appropriate support may help the person to change their view on whether it is best to share the information.                                                                                                                                                                        
  6. If a person requests that information about them is not shared with other safeguarding partners, their wishes should be respected. However, there are a number of circumstances where the practitioner can reasonably override such a decision, including where:
  • the person lacks the mental capacity to make that decision – this must be properly explored and recorded in line with the Mental Capacity Act; and decisions made in the person’s best interests or other people are, or may be, at risk, including children; or sharing the information could prevent a crime;
  • the person posing a risk has care and support needs and may also be at risk;
  • the person has the mental capacity to make that decision but they may be under duress or being coerced; o a court order or other legal authority has requested the information, and/or
  • it is a proportionate response to take actions to assess risk and enable the person to have the opportunity to receive support in relation to those risks.                                                                                                                       
  1. In such situations, if the person declines to give their informed consent, then unless it would place someone at risk or is not practicable, it should be explained to them that the information will need to be shared without their consent. The reasons for this should be explained and recorded. The safeguarding principle of proportionality should underpin decisions about sharing information without consent, and decisions should be on a case-by-case basis.                                                                                                                                                                                           
  2. If the decision is not to share safeguarding information with other safeguarding partners, you should support the person to weigh up the risks and benefits of different outcomes, ensure they are aware of the level of risk and possible outcomes, regularly review the situation and try to build trust to enable the person to better protect themselves.                                                                                                                                                   
  3. Every instance of sharing a person’s data must be justified. This means that the information which must be shared, and the reason for sharing it, must be clearly defined and scrutinised.                                                                                                                                                   
  4. Do not share personal data unless it is absolutely necessary. Where it is necessary, only share the minimum necessary to achieve the required aims.                                                                                                                                                                                       
  5. Access to personal data should be on a strict need-to-know basis.                                                                                                                               
  6. Ensure all information that is shared is accurate and timely. Where disclosing data about an individual, clearly state whether the data being supplied is fact, opinion, or a combination of the two.                                                                                                                                                                                                    
  7. Ensure information is shared in a manner that is secure.

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