Purpose of Policy
To ensure that where information about a child or their family is required to be shared with other agencies it is done so in a legal and ethical manner which will not impact on the personal rights of the child or their family.
Who is Responsible?
All information about children and their families should be seen as confidential (with the exception of information gathered for the purposes of child protection), all members of staff have a responsibility to ensure that all confidential information is not shared out-with the setting unless there is consent by the child or the family to do so.
The Law of Confidentiality
In the UK there is a portion of law that applies to confidential information, where information is shared which has an implied or explicit expectation of confidentiality then it should be treated as such. This includes all personal information about children and their families and can also include information that children or their families give you about personal circumstances. The setting has a confidentiality policy and a data protection policy and these should be referred to if you have any questions about how your information is treated within the setting.
However, the nursery recognises that there are circumstances under which information about children or their families must be shared, in the event that this happens you should be confident that information will only be shared if it meets the following criteria:
- When a child or young person is believed to be at risk of harm
- Where there is evidence of serious public harm or risk of harm to others
- Where there is evidence of serious health risk to an individual
- For the prevention, detection or prosecution of a serious crime
- When instructed to do so by a court
Consent
Where the setting feels that it is in the best interests of a child or family to share personal information the nursery will in the first instance ask you for your consent to do so. We may also ask the child for consent if in the professional opinion of the nursery manager, the child is able to make an informed decision. Where the nursery does ask a child for their consent this will be respected regardless of the parent’s wishes.
The nursery may ask you for explicit consent, this is where you will be asked to sign a consent form and given the information you need to make an informed decision, or ask you for verbal consent.
It is the practice of the nursery to ask for explicit consent unless it is impossible to do so.
Parents must be aware however that where the need to share information meets the criteria above then consent in any form will not be requested.
Justification for Sharing Information without Consent
Parents and children should note that their information will not be shared lightly and without due consideration. Where information is shared without implied or explicit consent by parents or children the decision for this will lie with the manager and justification for the decision will be recorded for the purposes of monitoring and evaluation.
Subject Access to Information
Parents and children should be aware that under current UK legislation they are entitled to access their information at any time, the nursery has a policy that any request for information must be made in writing to the manager giving 14 days notice. Please note that where a personal copy of information is requested by a parent or child, a small processing fee may be charged, this will be added to your invoice for the month in which the request is made.
Information Sharing with Other Agencies
The nursery will not ordinarily share information with other agencies without the consent of the family or the child. The nursery would request that all parents consent to information sharing to allow for the setting to better meet the needs of the child.
Other agencies which the setting may require to share information with (with or without consent) can include:
- Social Work Children and Families
- Health services and professionals
- Police
- Other voluntary sector organisations who are jointly caring for the child
Parents should be aware that the nursery makes all reasonable efforts to protect children and their families’ privacy and will not share information unless it is required to do so in the best interests of the child.
If you have any questions regarding this policy please do not hesitate to contact the nursery manager.