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Contents

1. Purpose
2. Policy
3. Receiving Information
4. Consent
5. Storage of Information
6. Transfer of Information
7. Disclosing Information
8. Recording
9. Multi-Disciplinary Teams
10. Access to Personal Records
11. Breaches

1. Purpose

This policy provides the context for the guidance to children, their families/carers and employees who are involved in the process of information sharing. It includes the effective disclosure of information between Lincolnshire County Council (LCC) and its partner agencies, plus the appropriate sharing of information within individual teams.

The policy will benefit children and their families/carers by helping to achieve successful outcomes through well co-ordinated systems of information sharing. In addition, this policy aims to benefit practitioners working for LCC and its partner agencies.

This policy should be read in conjunction with the following guidance documents:

• Information Sharing Guidance
• Multi-Agency Data and Information Sharing Protocol (Lincolnshire Children and Young People Strategic Partnerships)
• Information Sharing Guidance (Department for Children, School and Families);
• Information Sharing and related Guidance for Practitioners and Managers (Every Child Matters)

2. Policy

LCC and its partner agencies are committed and bound by law to support the sharing of information using agreed information sharing protocols. All staff have a duty to inform individuals how information about them is handled, stored and shared.

All information will be in a format, which meets the individual needs of children and their families/carers in relation to their culture, language, religion, disability, and gender.

The Information Sharing guidance document contains further information to help employees decide whether information should be shared.

3. Receiving Information

A Fair Processing Notice will be given to each individual to explain what LCC will do with their information, and how it may be shared.

All employees will follow the Recording with Care guidance when in receipt of new information.

4. Consent

The consent of the individual must be sought before disclosing and sharing information, however in exceptional circumstances it may be justified to share information without consent.

Disclosure without consent should be considered in the following situations:

• Where there is reasonable cause to believe that a child or young person may be suffering or may be at risk of suffering significant harm, as described in the Children Act 1989 and Working Together to Safeguard Children 2010. Details of all discussions must be recorded in the child's case file. Employees must record their decision and the justification for not seeking consent to share information. This should include details of the relevant legislation or LCC policy referred to;
• Where the individual may cause significant harm to others;
• Where there is a statutory duty or court order;
• To assist with the prevention and detection of crime.

In these cases, employees should refer to and comply with their local Safeguarding Policy and the Lincolnshire Safeguarding Children Board Policies and Procedures for further guidance.

Consent may be withdrawn at any time and employees must ensure this is documented within the child's file/record. It may be necessary to obtain an individual's consent to the further sharing of information and this must also be documented within the file.

5. Storage of Information

All information held about an individual will be stored and disposed of securely, in accordance with current Records Management Document Retention and Disposal Policy.

6. Transfer of Information

The purpose of any transfer of information must be clear. All employees should consider and document what information is to be shared and with whom, and whether consent is required to share. Before any information is shared, the identity of person with whom information is being shared must be verified. The recipient must be advised of their responsibility to protect the data being received, and of any limitations relating to the information disclosed.

7. Disclosing Information

Information in all formats must be disclosed using secure methods, and all employees are responsible for verifying the identity of the recipient.

Service user information is not to be stored or exchanged on electronic devices such as memory sticks or disks.

8. Recording

Each disclosure of information must be documented in the child's file/record, with reasons for disclosure clearly explained.

9. Multi-Disciplinary Teams

Multi-disciplinary teams must adhere to the information sharing policy and guidance when there is joint working. Where there is inter-agency supervision or mentoring, managers must discuss and agree the limits of information sharing and the need for confidentiality.

10. Access to Personal Records

An individual or their representative can apply to see information held about them by LCC and its partner agencies. In addition, professionals from regulatory organisations may require sight of individual files during statutory audits and inspections. 

11. Breaches

In the event of a breach of the information sharing policy, guidance or agreed protocols, such as the improper disclosure of personal information, all relevant agencies must be advised as soon as practicably possible, and in any event within seven working days.

Each agency will deal with the incident in accordance with their own procedures, and provide the other agencies involved with details of any action required. LCC managers should refer to the Code of Conduct and Human Resources regarding any disciplinary matters.

End