Safeguarding

Introduction

Some members of society are recognised as needing protection, for example children and adults with care and support needs (adult hereafter). Safeguarding is the action that is taken to promote the welfare and protect children/ adult from harm. If a child or adult is suffering or likely to suffer significant harm, professionals have a statutory responsibility to protect them. This statutory responsibility is enshrined within the Care Act 2014, Children Acts 1989 & 2004 & Social Care Act 2014.  

Where there is a suspected or actual safeguarding issue professionals should aim to gain agreement to share information but should be mindful of situations where to do so would place a child or adult at increased risk of harm. Information may be shared without agreement if a professional has reason to believe that there is good reason to do so, and that the sharing of information will enhance safeguarding.  When decisions are made to share or withhold information, practitioners should record who has been given the information and why.

This is covered in the following legislation guidance:

The Mental Capacity Act 2005: http://www.legislation.gov.uk/ukpga/2005/9/contents  

Section 47 of The Children Act 1989: https://www.legislation.gov.uk/ukpga/1989/41/section/47

Section 18 Schedule 1 Part 2 of Data Protection Bill 2018: https://www.legislation.gov.uk

Section 45 of the Care Act 2014: http://www.legislation.gov.uk/ukpga/2014/23/section/45/enacted

For children where who are identified as Child In Need, professionals are required to seek consent in regards to sharing information. The relevant guidance is covered; Section 17 Children Act 1989 https://www.legislation.gov.uk/ukpga/1989/41/section/17

Purpose of the processing

The purpose of the processing is to protect the child or vulnerable adult.

Lawful Basis of the processing

The sharing is a legal requirement to protect vulnerable children or adults, therefore for the purposes of safeguarding children and vulnerable adults, the following UK GDPR Article 6 conditions apply:

Article 6(1)(e): “for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”;

Article 6(1)(c): “processing is necessary for compliance with a legal obligation to which the controller is subject”.

And the following Article 9 condition for processing special category personal data:

Article 9(2)(b): “...is necessary for the purposes of carrying out the obligations and exercising the specific rights of the controller or of the data subject in the field of ...social protection law in so far as it is authorised by Union or Member State law.”

We will consider your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”.

Data Recipient or Categories of Recipient

The data will be shared with safeguarding teams, and other organisations such as police, NHS or Local Authority where deemed necessary.

Right to Object

This sharing is a legal and professional requirement and therefore there is no right to object.