Setting the scene
Many practitioners worry that information cannot be shared because of data protection law, confidentiality, consent, or concerns about damaging relationships with children and families. Chapter 3 of the Information Sharing Duty Statutory Guidance addresses these common misunderstandings and explains that these legal and professional frameworks are designed to support appropriate information sharing, not prevent it.
The guidance recognises that uncertainty about the law can sometimes lead professionals to hesitate or decide not to share information when they should. Its aim is to help practitioners understand how data protection law, confidentiality, transparency and human rights legislation work alongside safeguarding responsibilities.
The key message throughout this chapter is simple: if sharing information may help safeguard a child or promote their welfare, practitioners should focus on how to share information lawfully and appropriately, rather than assuming the law prevents them from sharing.
What is its relevance to me?
If you have ever asked yourself:
- "Do I need consent before I share this?"
- "Does GDPR stop me from sharing?"
- "Will I breach confidentiality if I tell another professional?"
- "What if the family objects?"
then this chapter is directly relevant to you.
The guidance explains several areas that are frequently misunderstood:
Data protection is not a barrier
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 provide a framework for sharing information safely and lawfully. They do not prevent practitioners from sharing information where it is necessary to safeguard children or promote their welfare.
Consent is often misunderstood
A common misconception is that consent is always required before information can be shared. The guidance makes clear that consent is not usually the legal basis relied upon when sharing information for safeguarding and welfare purposes. Practitioners should understand the difference between obtaining consent for a service and identifying the lawful basis for information sharing.
Transparency is not the same as consent
Where it is safe and appropriate, children, young people and families should be informed about how information may be used and shared. However, being transparent does not mean obtaining permission before information can be shared.
Confidentiality is not absolute
The guidance reminds practitioners that duties of confidentiality can often be overridden where there is a legitimate safeguarding or welfare reason for sharing information. Decisions should always consider the child's interests and the purpose of sharing.
Understand your lawful basis before sharing
Rather than asking whether you have consent, ask:
- What is the purpose of sharing?
- What lawful basis applies?
- How will sharing help safeguard or promote the child's welfare?
- Is the information relevant and proportionate?
Good practice means understanding why information is being shared and ensuring your decision can be justified and recorded.
Be transparent wherever possible
Practitioners should have open and honest conversations with children and families about information sharing wherever it is safe and appropriate to do so.
In practice this means:
- Explaining who information may be shared with
- Explaining why sharing may be necessary
- Being clear about how information may help provide support or protection
- Listening to and considering concerns raised by children or families
However, transparency should not place a child at greater risk or compromise safeguarding action.
Do not let concerns about GDPR prevent good safeguarding practice
Practitioners sometimes avoid sharing information because they are worried about data protection law. The guidance is clear that safeguarding and welfare considerations can provide lawful grounds for sharing information.
Before deciding not to share, ask yourself:
"Am I certain the law prevents me from sharing, or am I making an assumption?"
If you are unsure, seek advice rather than allowing uncertainty to prevent action.
Consider the child's right to safety and wellbeing
The guidance acknowledges that information sharing involves balancing rights and interests. Children's rights to safety, support and welfare should form a central part of decision-making.
When considering privacy concerns, ask:
- What are the risks of sharing?
- What are the risks of not sharing?
- How might this affect the child?
- Could not sharing leave the child without support or protection they need?
Seek advice when you are unsure
Chapter 3 recognises that some situations are complex. If you are uncertain:
- speak to your manager
- consult your safeguarding lead
- seek advice from your Information Governance or Data Protection team
- use local safeguarding procedures and protocols.
Seeking advice should support decision-making, but unnecessary delay should be avoided where a child may need support or protection.
Practice tips
When applying Chapter 3 in your day-to-day work:
- Do not assume GDPR prevents information sharing
- Understand the difference between transparency and consent
- Focus on identifying the lawful basis for sharing, not simply whether consent has been obtained
- Consider both the risks of sharing and the risks of not sharing
- Be open with children and families wherever it is safe and appropriate
Seek advice if you are genuinely unsure, but do not allow uncertainty to become a barrier to safeguarding
Key message
The law is not designed to stop you sharing information that may help safeguard a child or promote their welfare. Chapter 3 helps practitioners understand how data protection, confidentiality, consent and human rights legislation support safe, lawful and proportionate information sharing. When you understand the legal framework, you can make decisions with greater confidence and focus on what matters most: improving outcomes for children and young people.