MASH Set 3 Managing MASH Members

Housekeeping 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 What we would like to do today is to talk about why information sharing is important in promoting the welfare of children and vulnerable adults, the legislation underpinning, key principles and some of the challenges in working across different professional groups. This will be an interactive session and therefore we are going to give you some practice examples to work through. We would also like you to go away knowing where you can go for further advice and support

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 I am going to briefly run through the key principles of the guidance which provides a framework for IS

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 The first point to stress is that the DP is not a barrier to sharing information but is in place to ensure that personal information is shared appropriately It is important to be open and honest with service users and families about how information will or could be shared. The exception to this principle would be if this would place someone at risk or undermine the prevention or detection of a crime. Important to seek advice if in doubt as some of these decisions are complex and should not be taken single handed Wherever possible consent should be obtained to share information but this can be overridden and decisions need to be made on a case by case basis The safety and welfare of the child or vulnerable person must be the prime consideration If we do decide to share then it is important that this is necessary proportionate etc and good practice to record reasons for decision whether to share or not

Key Questions Is there a legitimate purpose to share the information? Is it confidential? Is there a statutory duty or court order to share? Have you properly recorded your decision? Is there sufficient public interest to share? If you share, is it the right information in the right way? Do you have consent to share? Does the information enable a person to be identified? This slide takes you through 8 key questions that will help to inform decision making Refer to S4 of the guidance Must be part of your job/statutory functions If anonymous it can be shared but mostly we are dealing with information about an identifiable person which comes within the remit of DP law Public bodies that hold confidential informationowe a duty of confidence to the person that provided the information If we have consent then we can share but the issue of consent can be complex, for example, whose consent should be sought and how is it obtained. Imporatnt that consent is informed and approach to seeking consent transparent If a court order then must share Is there a public interest to share that overides the duty of confidentiality Can be justified if risk of significant harm to a child or risk of serious harm to an adult If you do share needs to be shared in a proper way and decisions recorded Important to seek advice

Confidential Information Confidential information is.. sensitive, not already in public domain, shared in confidence 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.. 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 Data Protection Act 1998 The Human Rights Act 1998 The common law duty of confidentiality Legislation containing express powers or which imply powers to share: 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 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 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 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

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 Must be informed Can be explicit or implicit Must be openly secured Should be reviewed Can be withdrawn

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

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

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: 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: 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: 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 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