Information sharing - learning briefing
Introduction
The Sussex information sharing guide and protocol supports better communication between partner agencies. It is line with the legal framework and best practice guidance.
Why we need to share information
Safeguarding adult reviews often highlight that agencies do not share information, or it is limited. This may lead to serious harm and abuse.
Sharing relevant information with the right people at the right time is vital to effective safeguarding.
The risk of sharing information is often perceived as higher than it is.
Organisations need to share info to:
- help people get the right support to reduce risks and promote wellbeing
- prevent death or serious harm that may increase the need for care and support
- coordinate safeguarding responses to improve best practice
- enable early interventions to prevent escalation of risk
- reveal patterns of abuse and identify risk to others
- help identify people who may pose a risk to others.
What if a person does not want to share their information?
If an adult does not consent to share their information, we should respect their wishes. People have a right to confidentiality, but that right is not absolute.
A person’s wishes can be overridden if:
- doing what they want would put the adult at risk of significant harm
- it would prejudice the prevention, detection or prosecution of a crime
- it would lead to undue delay in carrying out an enquiry into abuse or neglect.
The law does not prevent the sharing of sensitive personal information between organisations where the public interest served outweighs that of protecting confidentiality.
Practice questions for teams to discuss
- How do you respond to requests to keep vital safeguarding information confidential?
- Where do you get guidance on what information you can share if you are uncertain?
- Where do you record what information you have shared and why?
- Do you understand your role about informing an adult that you are sharing their information and what information that is?
Effective multi-agency communication.
All agencies have a duty to share information they have which may be relevant to safeguarding the adult.
Effective multi-agency communication involves:
- ensuring all relevant agencies are involved, including primary care agencies, such as the GP
- keeping relevant agencies informed of meeting outcomes, agreed actions and timescales. This includes any that sent apologies to invites.
- good record keeping.
- storing information securely for as long as it is required.
- using your organisation’s secure email system, the appropriate Government Security Classification and password protection.
When someone lacks capacity
The Mental Capacity Act is important because it helps us understand if someone can make decisions about their safety, care and sharing information.
If a person is unable to decide for themselves whether to share information, we should decide for them what is in their best interests.
This decision should follow the rules of the Mental Capacity Act.
7 golden rules of information sharing
- The data protection laws are not barriers to justified information sharing. They ensure that personal information is shared appropriately.
- Be open and honest from the outset about what, why, how and with whom you will or could share information. Seek the person's agreement, unless it is unsafe or inappropriate to do so.
- If you have doubts about sharing the information, seek advice. Ask other practitioners, or your information governance lead.
- Where possible and it is safe, share information with consent. Respect the wishes of those who do not consent to sharing their information where possible.
- Base your information sharing decisions on the safety and wellbeing of the individual and others that the decision may affect.
- Keep a record of your decision and the reasons for it, what you shared, with whom and why.
- Ensure that the information you share is:
- necessary for the purpose for which you are sharing it
- only shared with those who need it
- accurate and up to date
- shared securely and in a timely fashion.
