The golden rules for information sharing is non-statutory advice that the Government has developed for all front-line practitioners and senior managers working with children, young people, parents and carers who are making decisions about sharing personal information.

The advice helps to clarify current legislation around data protection and makes it very clear that information sharing is an essential part of safeguarding. They can be summarised as:

  • Golden Rules.
  • Obtain consent to share where appropriate.
  • Liaise if the information is inaccurate or unreliable.
  • Don't share more than is necessary.
  • Ensure the information is shared securely and safely.
  • Necessitate the reason for sharing information.
  • Record what information is shared.
  • Unsure? Check with manager or information sharing specialist.
  • Legitimate reason for sharing information.
  • Establish the requestor's identity.
  • Suspect a breach? Report it immediately.

5a. Is information sharing detailed in your safeguarding policy?

Your safeguarding policy should clearly describe what someone must do if a child or adult makes a disclosure and how that disclosure will be handled, recorded and shared.

5b. Do you have a procedure for recording and sharing information (in line with data protection laws) about safeguarding concerns?

Where possible share with consent of the individual, but remember you may still share information without consent if, in your judgement, that lack of consent can be overridden in the public interest, for example:

  • Safeguarding children
  • Protecting other vulnerable people
  • Preventing the commission of criminal offences
  • Bringing offenders to justice

Consider safety and wellbeing. Base your information sharing decisions on considerations of the safety and wellbeing of the person and others (immediate family, wider community, national security) who may be affected.

Information breaches

If you receive a report of information disclosure you should listen to what is being said without displaying shock or disbelief, as this can cause the person to become afraid and shut down.

Listen quietly, carefully and be patient. Do not assume anything or speculate. Don’t ask leading questions and never ask them to repeat themselves.

Ensure your brief notes are written in full as soon as possible. Do not ever destroy your original notes.

Remember to record the date, time, place and the words used by the individual. Keep your account factual.

Reassure the person, but only as far as is honest and reliable. Don’t make promises you can’t keep. Never agree to keep a secret.

Make sure they know you are taking what they have told you seriously.

Any data breaches or security breaches that affect any data that has been/will be shared must be brought to the attention of the nominated officer or the data controller in each organisation. All involved organisations must be informed without delay and at least within 48 hours of the breach being detected.

5c. Do your staff know how to make a safeguarding referral to the Surrey Multi Agency Safeguarding Hub (MASH) for safeguarding adult concerns or Children’s Single Point of Access (CSPA) for concerns about a child?

It is important that all staff know how to make a safeguarding referral.

If you are concerned about an adult with care and support needs, who is at risk of / or is being abused or neglected and is unable to protect themselves or suspect someone else is, you need to report it.

Make a safeguarding referral about an Adult with care and support needs

Consent

The adult should be informed that a Safeguarding Concern has been submitted, unless it is unsafe or impractical to do so. A Safeguarding Concern can still be submitted without the adult's consent if 'vital' or 'public' interest considerations apply.

Paragraph 14.42 of the SSAB guidance on making a referral states that no professional should assume that someone else will pass on information which they think may be critical to the safety and wellbeing of the adult.

If a professional has concerns about the adult’s welfare and believes they are suffering or likely to suffer abuse or neglect, then they should share the information with the local authority and, or, the police if they believe or suspect that a crime has been committed.

Report a concern about a child or young person - Surrey County Council (surreycc.gov.uk)

5d. Have you ever made a safeguarding referral to the Surrey MASH for safeguarding adult concerns?

It is important that all staff know how to make a safeguarding referral.

If you are concerned about an adult with care and support needs, who is at risk of / or is being abused or neglected and is unable to protect themselves or suspect someone else is, you need to report it.

Make a safeguarding referral about an Adult with care and support needs

Consent

The adult should be informed that a Safeguarding Concern has been submitted, unless it is unsafe or impractical to do so. A Safeguarding Concern can still be submitted without the adult's consent if 'vital' or 'public' interest considerations apply.

Paragraph 14.42 of the SSAB guidance on making a referral states that no professional should assume that someone else will pass on information which they think may be critical to the safety and wellbeing of the adult.

If a professional has concerns about the adult’s welfare and believes they are suffering or likely to suffer abuse or neglect, then they should share the information with the local authority and, or, the police if they believe or suspect that a crime has been committed.

5e. Do your staff know how and when to report any potential crime to the Police?

All providers must have a contingency plan in place to support staff when they have to report a crime to the police, CQC and to MASH or CSPA.

How to report a crime to Surrey Police.

5f. When making a safeguarding referral do you take into consideration the wishes and views of the person concerned?

Making Safeguarding Personal – Adass

Include the voice of the person and their wishes in relation to their outcome when making the safeguarding referral.

Making Safeguarding Personal sits firmly within the Department of Health (DH) Care and Support Statutory Guidance, as revised in 2017 that supports implementation of the Care Act (2014).  It means safeguarding adults:

  • is person-led
  • is outcome-focused
  • engages the person and enhances involvement,
  • choice and control
  • improves quality of life, wellbeing and safety

ADASS.org

When abuse or neglect is reported, the safeguarding lead should treat it as a safeguarding concern and:

  • ask the resident at risk what they would like to happen next
  • ensure that they have access to communication support
  • explain that the safeguarding lead has a responsibility to report the resident’s concerns to the local authority, and tell them who you will report to, why, and when.

When a safeguarding concern has been reported, the safeguarding lead should look at the broader context rather than assessing the concern in isolation.

The safeguarding lead should take into account:

  • if any other people (including children) are at risk as well as the resident you are concerned about
  • if there have been repeat allegations
  • if there could be a criminal offence
  • if there is a current or past power imbalance in the relationship between the resident and alleged abuser.

Making Safeguarding Personal should always be viewed as part of our wider commitment to working in line with the six adult safeguarding principles:

  • Empowerment
  • Prevention
  • Protection
  • Proportionality
  • Partnership
  • Accountability

Making every contact count is paramount.

Hear what the person wants to tell you

  • You should ensure you hear the person, allowing them time and a safe space to talk.
  • It is important that you ask what they want and listen to them.

Respect the persons choices

  • You should give them as much information in their preferred way of communicating to make their own choice and decision.
  • It is important that you respect their values and decision making and ensuring they do not feel judged. It is important to make them feel safe and have trust in you.
  • You must always adhere to the Mental Capacity Principles

Be open and honest

  • Discuss the next steps with the person.
  • Be open about any worries you have for them.
  • If you need to act against their expectations and wishes, be upfront.
  • Gather consent from them to share information and explain how that will be used.