Angela McKinnon Child health lead Aberdeenshire CHP NHS Grampian Jan 2015

Information Sharing Relevant Proportionate Need to know

Outline Background to guidance document Wellbeing The document itself : Information sharing Confidentiality Consent How will this support practitioners when working with children and their families?

Background/context Sharing of information a constant area of challenge for staff across services Central to effective implementation of GIRFEC & Children and Young People’s Act (2014) Some confusion around wellbeing v significant harm Learning from good practice elsewhere in Scotland: Perth and Kinross Child Protection committee guidance Provide clear framework for staff when using their professional judgement

Wellbeing (page 2) Concept of wellbeing central to GIRFEC All services to support and promote the wellbeing of children and young people - ensure they are: Safe, Healthy, Active, Nurtured, Achieving, Respected, Responsible & Included Shared language across services/agencies and families Focus on early identification and intervention Sharing of information essential for this to work Named Person role No change to child protection process

Legislative and Policy context (Page 3) Professional responsibility to understand: legislative, policy and practice context when dealing with service users’ personal information Limitations and constraints of confidentiality and consent When you are empowered to share personal or sensitive personal information Data Protection Act 1998 Common Law and Statutory Obligations of Confidence Children and Young People (Scotland) Act 2014 UN Convention on the Rights of the Child The Children (Scotland) Act 1995 Getting our Priorities Right,2013

Named Person (page 5) Local Authority must provide Named Person Service for all children from Day 1 at Primary School to Age 18 – head teacher in primary schools or member of senior management team in academies Health Boards must provide Named Person Service for each pre-school child in their area Pre-school child is defined as child who has not stared primary school

Named person Role Main purpose of role is to facilitate earlier intervention and to provide support to children and young people by providing the right help, at the right time, for the right length of time Single point of contact for parents, children and young people and other professionals Help to navigate the system

Sharing information with the Named Person As an adult working closely with family they may confide in you rather than the Named person if they are worried about something You should understand what to do and when to share information with the Named Person Critical that child & family involved in discussion around sharing their information and understand how this will improve outcomes for the

What Information? (Page 6) Information that helps answer 5 GIRFEC questions Examine case records/file that you have legitimate access to Information that is relevant, necessary, legitimate, appropriate and proportionate to the concern Exercise professional judgement & use common sense! Share only on a need to know basis

Recording (page 7) Follow organisational guidance What information has been shared Who with,why,how and when In case files of recipient and donor of information Also if information has not been shared and why Discuss with line manager if unsure Keep all information safe and secure

Confidentiality (page 10)

Duty of confidentiality if: Information has “quality of confidence” Was given in circumstances giving rise to obligation of confidence (express or implied) but Not an absolute right - can be overridden if disclosure is in the public interest Where this is a risk to a child/yp’s wellbeing, which may lead to harm, it is acceptable to share confidential information in the best interest of the child/and/or the pubic interest

Consent (page 11) Should be explicit Should be informed Concerns the particular episode of care Not always required – do service users have real choice? Children and families should always be kept informed and engaged (exceptional cases) Who can give consent? Recording

Information Sharing Summary When to Share Share information when worried or concerned about a child or young person’s wellbeing Wellbeing – Safe, healthy, achieving, nurtured, active, respected, responsible and included What to share Share information which is relevant, necessary, legitimate, appropriate and proportionate Share information relating only to your concern or worry – reduce or remove unnecessary data. Always use your professional judgement /instincts; adopt a common sense approach Who to share with Share information on need to know basis only e.g named person, lead professional Discuss sharing information with your line manager/supervisor if you are unclear How to Share Share information verbally by telephone, or face to face at meetings, written reports or assessments or by secure systems Share information quickly efficiently effectively and securely. Follow safe haven principles

Finally Share information to promote and support the wellbeing of children and young people you are working with Data protection does not prevent the sharing of information Record, record, record! Keep personal information safe and secure at all times Keep families and young people informed It’s not black and white - your professional judgement is vital