Lawful bases

The aim of this briefing is to help practitioners understand their responsibilities in ensuring that any decisions around information sharing are underpinned by a sound and appropriate legal basis. 

Briefing objectives

Working through this briefing will support teams to:

  • Understand the different legal bases which may apply when sharing information
  • Have an understanding of when different legal bases may be applied
  • Recognise and address the challenges of using consent as a legal basis for sharing information, in the context of escalating child safeguarding concerns 

Team activities

  • Using the Information Commissioners Office Website, identify the six legal bases under which information sharing should be managed
  • Working in two groups, each considering three of the legal basis, discuss and agree the different scenarios under which each can be applied
  • Come back together as one group and using the Information Commissioners Office interactive tool, check out your decision making to see if you have elected to apply the correct legal basis for each of your scenarios
  • Thinking specifically about consent as a lawful basis, reflect on the challenges of using this in responding to child protection concerns. The Information Sharing Guidance will help you with this discussion

What is your one takeaway from this team exercise?

Use this team briefing as part of an ongoing programme of team development.

All team briefings are linked to a range of resources which are focused on supporting practitioners to deliver positive outcomes for children.

Quick leave