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Contents

1. Vision and Values 
2. Confidentiality Values and Principles  
3. Consultation Values and Principles 

1. Vision and Values

See also Policy Framework and National Policy Context.

Please also see Lancashire's Child Poverty Strategy, Early Intervention Strategy and Children and Young People's Plan 2009 - 2012.

Vision

A modernised service which:

• Promotes independence; supports and protects vulnerable children and adults;
• Puts the service user first;
• Is committed to continuous improvements;
• Staff and local people can be proud of

Values

• That every individual is unique and should be treated with respect and courtesy;
• That working in partnership with others is more effective than working in isolation;
• That children and their carers should be involved in decisions about their lives;
• That our services should reflect the diverse needs of local communities and cultures

With regard to the Directorate for Children and Young People:

• In all dealings with the child and her/his family, the Directorate’s commitment to anti-discriminatory practice and culturally sensitive services must be evident;
• The best outcomes for children will be promoted by working in partnership with them, their parents and relatives wherever possible;
• Children and their parents should be provided with good quality information to enable them to exercise choice and understand what they can reasonably expect to happen. Interpreters and non-verbal communication methods will be used as appropriate;
• The child will be at the centre of all planning, review and decision-making. Her/his feelings and views will always be sought, given serious consideration and recorded. Any complaint made by her/him will be responded to seriously and promptly;
• Good outcomes depend on thorough, evidence-based assessment of need and planned interventions to meet assessed needs. Consistent use of the Framework for the Assessment of Children in Need and their Families will support such assessment and planning;
• Decision-making for a child should be within the child’s timescale and informed by the need to safeguard and promote the child’s welfare throughout her/his childhood;
• The child’s confidentiality, and that of her/his parent, will be respected so far as this is consistent with safeguarding her/his welfare. See also Section 3, Confidentiality Values and Principles;
• Where a child is Looked After, this will be disclosed only to those who need to have this information. Where age appropriate, the child’s wishes about disclosure will be sought and considered;
• The authority’s overarching objective for any child it looks after will be to ensure a permanent arrangement for that child throughout their childhood;
• Wherever possible and appropriate, a child will be placed close to their family home, preferably with a relative or friend;
• The capacity of a placement to meet any specific needs arising from the child’s religion, race, culture, language or impairment will be among the criteria used in selecting placements;
• Wherever possible and appropriate, siblings will be placed together;
• Unless there are exceptional circumstances, children under the age of 13 will not be placed in residential care;
• The role of foster carers in offering a family placement to a child who cannot live with their birth family will be valued and respected;
• Where permanence away from the birth family is the plan for the child this will be progressed in a timely manner, to meet the identified needs of the child. Any unnecessary and/or inappropriate delay will be avoided, as it is recognised that delays in achieving permanence can have a severe impact on the health and development of children;
• The role of adoptive parents, special guardians and those applying for Residence Orders in offering a permanent family to a child who cannot live with their birth family will be valued and respected;
• Children should be offered appropriate counselling about all areas of their care, including placement.

2. Confidentiality Values and Principles

See also Information Sharing within and between Agencies and Information Sharing Flowchart.

1. Legal Duty of Confidence 
2. Disclosure of Confidential Information in Exceptional Circumstances 
3. Informing Children About Disclosure
4. Disclosures and Sharing Information with Colleagues and Agencies  
5. Freedom of Information Act 2000

2.1Legal Duty of Confidence

Personal information held about children is subject to a legal duty of confidence and should not normally be disclosed without the consent of the subject.

The legal framework for confidentiality is contained in the common law duty of confidence, the Children Act 1989, the Human Rights Act 1998 and the Data Protection Act 1998.

The law requires that data must be:

• Fairly and lawfully processed: 
  
  ‘Processing’ includes obtaining, recording, changing, using and disposing. Personal data cannot be processed unless the conditions of the Act are met, usually by obtaining the person’s consent to the processing. 
• Processed for limited purposes:
  
  We must be open about how information is to be used and not use it for any other purpose.
• Processed in line with the rights of the individual: 
  
  We must inform them that processing is taking place, allow them to inspect any personal data we hold about them and correct or erase information that we are told is wrong.

2.2 Disclosure of Confidential Information in Exceptional Circumstances

Whilst the general principle is that information obtained about children must be shared with them and not with others, there are exceptions. The public interest in child protection overrides the public interest in maintaining confidentiality and the law permits the disclosure of confidential information necessary to safeguard a child or children. 

Disclosure should be justifiable in each case, for example to provide information to professionals from other agencies working with the child, and where possible and appropriate, the agreement of the person concerned should be obtained.

Those working with children must make it clear that confidentiality may not be maintained if the disclosure of information is necessary in the interests of the child. Even in these circumstances, disclosure will be appropriate for the purpose and only to the extent necessary to achieve that purpose. 

There may also be situations where third parties have a statutory right of access to the information or where a Court Order requires that access be given.

The circumstances in which information held in records on children and families can and should be disclosed and shared with others with or without consent are set out in the following sections.

In all other cases, where third parties such as advocates, solicitors or external researchers request access to information, this should only be given if written consent is given by the person concerned.

2.3 Informing Children About Disclosure

Children should be informed of the circumstances in which information about them will be shared with others.  It should be made clear that in each case the information passed on will only be what is relevant and on a ‘need to know’ basis.

2.4 Disclosures and Sharing Information with Colleagues and Agencies

Sharing information promptly with others working with the same child, or who may need to know, is invariably the key to safeguarding the child’s interests.

Therefore, relevant information about children must be shared with colleagues, other professionals or agencies that may have a role to play in their care.

However, the general principle is that information may only be shared on a ‘need to know’ basis.

For example:

• Where professionals are undertaking a Section 47 Enquiry in relation to a child;
• Where the Police are investigating a criminal offence or require information to help them find an absent, missing or absconded child;
• Where information is requested in the furtherance of an inquiry or tribunal, or for the purposes of a Serious Case Review.

In such circumstances the person to whom the information relates should be informed that records have been requested unless to do so would prejudice the purpose of the request. 

Any objections they have should be considered before responding to the person making the request.

Where information or records are passed to others it should be noted and confirmed in writing. 

Information may also be disclosed to persons who have a statutory right of access to the information, for example:

• Where the Court directs that records be produced or a Children’s Guardian is appointed;
• Where information is requested by Inspectors of the Regulatory Authority (who have specific statutory powers that permit access to records).

Where information is requested by telephone or electronically, great care must be taken to ensure that the recipient is entitled to receive the information requested.  Where there is any doubt the information may not be provided without the approval of a manager.  In any event, a member of staff must not hand over information to anyone unless satisfied that:

1. The person/agency is entitled to that information;
2. The identity of the person/agency can be established without any doubt;
3. The person/agency will maintain an appropriate ethical approach to the confidentiality of the information provided.

2.5 Freedom of Information Act 2000

The Freedom of Information Act 2000 came into force on 1 January 2005. 

Under the Act anybody may request information from a public authority (which includes all local authorities).  The Act confers two statutory rights on applicants:

• To be informed in writing whether or not the public authority holds the information requested; and if so;
• To have that information communicated to him/her.

The Act applies to all information whether recent or old.

The Act sets out 23 exemptions from rights of access to information.  If the information is exempt, there is no right of access under the Act.

One exemption relates to personal information. This means that an application for personal information under the Act is exempt and will not therefore be dealt with under the Act. A person’s right of access to such information must still be dealt with in accordance with the Data Protection Act 1998. 

Another category relates to information provided in confidence where disclosure would involve an actionable breach of confidence. This would include information provided by a member of the public about a child protection issue where the provider has provided the information on the basis that anonymity will be maintained. 

The Act therefore does not change the legal position into the principles of confidentiality set out in this section.

3.  Consultation Values and Principles

1. General Principle of Consultation 
2. Management Consultation
3. Legal Consultation 

3.1 General Principles of Consultation

Everyone involved in the receipt and delivery of services should be consulted about decisions, which may affect them. This includes children, their advocates, their parents, other significant family members and those charged with providing the service; including managers, staff, carers and professionals or colleagues from other agencies. 

This means that people’s views should be sought and taken into account in relation to all decisions, which are likely to affect their daily life and their future.

The older and more mature the child is, the more weight can and should be given to their wishes and feelings. 

Unless there are exceptional circumstances, reasonable steps must be taken in all cases to consult the parents. Exceptions will include where older children with an appropriate level of maturity specifically request that their parents are not consulted and a decision is made to respect their wishes. Detailed guidance on this is set out in Consents Guidance. Whether consents have been given should be recorded on ISSIS.

Consultation should take place on a regular and frequent basis with those who need to be consulted and assumptions should not be made about the inability or lack of interest of those who should be consulted.

Where people have communication difficulties of any sort, suitable means must be provided to enable them to be consulted, including arranging access to advocates or representatives who may speak on their behalf. 

Consultation should be undertaken in a creative manner.

If consultation is not possible or is restricted for whatever reason, steps should be taken to ensure those affected are informed of decisions as soon as practicable after they are made, and an explanation for the decision given, together with the opportunity to make a comment and express their views. 

If it is then felt that a different decision may have been appropriate, steps should be taken to reconsider the decision.

If decisions are made against people’s wishes, they should be informed of the decision and the reasons should be explained.  In these circumstances, the person should be informed of any rights they have to formally challenge the decision, and of the availability of the Complaints Procedure.

Children should also be informed of their right to appoint an advocate, and if an advocate is appointed, he or she must be consulted in accordance with the principles set out in this section.

3.2 Management Consultation

Unless otherwise stated in specific procedures in this manual, it is assumed that people working in this organisation will take reasonable steps to keep their managers informed of their actions; and will consult and seek their approval where they do not have decision making responsibility delegated to them.

In order to facilitate this, managers must ensure that effective lines of communication are established and maintained.

If procedures in this manual require that managers are informed within specified timescales or their approval is sought before actions are taken, this must be complied with. 

3.3 Legal Consultation

It is assumed that, in following these procedures, social workers and/or their managers will seek legal advice as appropriate before taking any action and/or making decisions, which will, or may, change the legal status of a child, or decisions which do not have parental consent. This is particularly so in cases where emergency action is being considered.

In order to facilitate this, managers must ensure that effective lines of communication are established and maintained with Legal Services, and that workers are aware of who may authorise contact, who may have contact and how contact should be made.

End