The duty applies to organisations covered by section 16LA of the Children Act 2004, including:

• Local Authorities
• Police
• Integrated Care Boards (ICBs)
• NHS Trusts and healthcare providers
• Schools, colleges and designated education settings
• Early years and childcare providers covered by the legislation
• Youth Justice Services
• Prison and Probation Services
• Organisations delivering safeguarding or welfare services under arrangements with these agencies

Organisations outside the statutory scope may still share relevant information lawfully and are encouraged to follow the principles within the guidance: Information Sharing Duty statutory guidance

Does the information have a bearing on safeguarding or promoting the welfare of the child?

This may include:

• signs of harm or abuse;
• emerging concerns;
• indicators of unmet need;
• information about family circumstances;
• concerns relating to peers or other adults connected to the child;
• contextual information that helps build a fuller understanding of a child’s life.

Would sharing reasonably help another organisation:

• assess risk or need;
• make a decision;
• provide support;
• identify a concern;
• take action to safeguard or promote the welfare of the child?

If yes, the duty is likely to apply.

The duty only does not apply in the rare circumstance where sharing would be more detrimental to the child than withholding the information.

This exception should be used only in exceptional circumstances and requires clear professional judgement and recording.

Relevant + May Facilitate + No Greater Detriment = SHARE

Where organisations and practitioners hold information relating to safeguarding and promoting welfare and determine that information may help another organisation carry out its relevant functions – including assess need, make a decision, provide support or take action – relevant information MUST be shared.

Relevant information may include information about:
– parents or carers;
– siblings;
– wider family members;
– peers and friendship groups;
– adults who may pose a risk;
– individuals whose circumstances may affect a child’s safety or wellbeing.
 
Examples include:
– domestic abuse;
– parental substance misuse;
– mental or physical health concerns impacting care;
– child exploitation concerns;
– concerning peer associations;
– missing episodes;
– school attendance concerns;
– emerging patterns identified across agencies.

Examples may include:
– sharing would place the child at immediate risk of harm;
– sharing would seriously compromise a police investigation;
– sharing would breach a Family Court order or relevant legal restriction.
 
The following are not reasons to withhold information:
– lack of consent;
– fear of complaint;
– uncertainty or professional discomfort;
– concerns that GDPR prevents sharing.

The law supports the sharing of information where it is relevant to safeguarding and promoting the welfare of children.

The duty applies where information relates to a child who may present a risk to another child.
 
Information should not be withheld simply because the information subject is the child causing concern rather than the child at risk. Practitioners should take a holistic approach that supports the welfare of all children involved.

Do I need consent to share information?
No, where the Information Sharing Duty applies.
Where the statutory conditions are met, relevant information must be shared to safeguard or promote a child’s welfare. Consent is only one possible lawful basis under data protection legislation and is rarely the most appropriate basis for safeguarding and welfare information sharing.

Consent to Share vs Consent to Work With
A key distinction under the Information Sharing Duty is the difference between consent to share information and consent to receive support or services.

– Consent to share information is not required where the Information Sharing Duty applies.
– Consent to work with a child or family may still be required for many voluntary services, such as Family Help, Early Help or other support interventions.

In practice: A family may choose whether to engage with a voluntary service, but this does not prevent relevant information being shared where the statutory conditions are met and sharing may help safeguard or promote a child’s welfare.

What about medical consent?
This guidance relates to information sharing only. Consent for medical examination, treatment or healthcare interventions is separate. Health practitioners should follow relevant NHS, professional and regulatory guidance.

Remember: A family can choose whether to engage with a voluntary service, but they cannot prevent relevant information being shared where the Information Sharing Duty applies.

Good safeguarding practice involves being open, honest and transparent wherever it is safe and appropriate to do so.
 
Practitioners should normally explain:
– why information is being shared;
– what information will be shared;
– who it will be shared with;
– how it may help keep a child safe or support their wellbeing.
 
However, practitioners should not inform a child or family if doing so would:
– increase risk;
– compromise safeguarding activity;
– interfere with a police investigation;
– be otherwise inappropriate or impracticable.
 
Being transparent does not mean seeking permission where consent is not required.
Practitioners should explain what is happening rather than present information sharing as optional where it is not.

Data protection legislation does not prevent information sharing for safeguarding purposes. It provides the framework that enables information sharing to take place lawfully, fairly and proportionately.

Potential lawful bases include:
– Legal Obligation
– Public Task
– Legitimate Interests
– Recognised Legitimate Interests
(depending on the organisation and circumstance).

Common Law Duty of Confidentiality
The Information Sharing Duty provides a legal requirement to share relevant safeguarding and welfare information.
Where the criteria of the duty are met and data protection requirements are satisfied, confidential information may be shared without consent. Practitioners do not need to establish overriding public interest before sharing under the duty.

The duty applies when:
– you have information you believe should be shared; and
– another organisation requests information from you.
 
When requesting information, provide enough context to help the receiving organisation understand:
– why the information is being requested;
– how it may help safeguard or promote the welfare of the child.
 
If it is not necessary or proportionate to share an entire case file, organisations should consider sharing the relevant information extracted from those records instead.

Information should not be delayed because:
– agencies operate in different local authority areas;
– a Data Sharing Agreement is not already in place.
 
Important safeguarding information should not be lost during transitions.

Records should include:
– what information was shared;
– what information was not shared;
– who it was shared with;
– why it was relevant;
– the lawful basis for sharing;
– any detriment considerations;
– whether the child or family was informed;
– the rationale for the decision.

Schools, education and childcare settings hold vital information that helps to identify need at the earliest opportunity. Through daily contact, schools and childcare settings are often the first to notice changes in behaviour, attendance, health or presentation that may indicate emerging or escalating vulnerability, harm or unmet welfare needs. Existing arrangements already include the transfer of child protection files, and any other relevant information when a child moves from one school to another and similar should be considered when children move between education phases including early years and post-16 provision.

Police hold crucial information about perpetrators, incidents, intelligence and community risk that can be essential for identifying and responding to harm affecting children, including when a child potentially poses a risk to others. Information about domestic abuse, missing episodes, criminal and sexual exploitation, parental imprisonment, neglect, neighbourhood risk and wider offending patterns often provides early indicators of vulnerability or harm.

Health Services hold essential information about a child’s physical, mental and developmental welfare, as well as key insights into family circumstances that may indicate risk or need. Contacts across primary care, urgent and emergency care, mental health, maternity, community services and tertiary health specialists often reveal early signs of neglect, injury, parental vulnerability or other factors affecting a child’s safety and welfare.

Prison and Probation services hold vital information about adults who pose a risk to children, including details of offending history, licence conditions, risk assessments and patterns of behaviour, as well as cases of parental imprisonment. This information is essential for understanding the circumstances and risks within a child’s household or wider network, particularly where there is a history of violence, sexual offending, domestic abuse or exploitation, or where a parent has been taken to prison.

Local Authorities hold comprehensive information about children and families through their roles in education, early help, social care (both children and adult), housing and wider community services. This includes insights into a child’s developmental needs, family functioning, home conditions, parental vulnerabilities and any previous safeguarding concerns.

Youth Justice Services hold important information about children at risk of offending or exploitation, as well as insights into the wider family, and peer dynamics that may impact safety and welfare. Their assessments, interventions and multi-agency work often reveal indicators of vulnerability, such as coercion by peers or adults, unmet developmental needs, or risks linked to violence or criminal exploitation.

Yes.
Where the criteria of the Information Sharing Duty are met, relevant information should be shared. Consent is not required. Practitioners should normally be transparent with children and families where safe and appropriate.

No.
The duty applies to safeguarding and promoting welfare, including early help, prevention, emerging concerns and unmet need. A child does not need to meet a child protection threshold before information can be shared.

Only share information that is:
– relevant;
– necessary;
– proportionate;
– accurate;
– shared securely.
Do not share more than is required to safeguard or promote the welfare of the child.

A child, parent or carer being unhappy about information sharing is not, by itself, a reason to withhold relevant information. Explain your responsibilities, why the information is being shared and how sharing may support the child’s safety or welfare. Be open and transparent wherever it is safe and appropriate to do so, but do not inform the child or family if this could increase risk, prejudice safeguarding activity or otherwise be unsafe.

Sharing information does not transfer responsibility for the child to another practitioner or organisation. Consider what further action you or your organisation may need to take, follow up where appropriate and continue to work with other practitioners to support the child and family.

No.
The Information Sharing Duty does not change local service thresholds or guarantee that a referral or request for support will be accepted. The receiving service will consider the information against the child’s assessed needs and the relevant criteria. Information may still need to be shared even where it does not result in a service being provided.

Seek advice from your manager, designated safeguarding lead, information governance lead or Caldicott Guardian, as appropriate. Refer to the statutory guidance and your organisation’s information-sharing procedures. Advice should be sought promptly and must not unnecessarily delay sharing information where a child may require urgent support or protection.

No.
Data protection legislation does not prevent proportionate and lawful information sharing. It provides the framework for sharing information fairly, securely and lawfully. Where the Information Sharing Duty applies, relevant information must be shared, while ensuring that the information shared is necessary, proportionate and handled in accordance with data protection requirements.

No.
The absence of a Data Sharing Agreement must not prevent or delay information sharing where the Information Sharing Duty applies.

However, organisations should maintain appropriate information governance arrangements and strategic data sharing agreements wherever appropriate.