Safeguarding people from harm and abuse requires effective information sharing between services and organisations.

Sharing information enables professionals to fully understand and assess the risk to the person, and make informed decisions about what action needs to be taken.

Not sharing information in such circumstances can leave the person at risk of abuse and/or harm.

Failures in information sharing is a common and recurring finding in Safeguarding Adult Reviews (SARs) and Domestic Abuse Related Death reviews (DARDRs, previously known as DHRs).

To change this, we need a safeguarding community who are confident in knowing what you can share and when.

What are the key things I need to consider when sharing information?

Fears about sharing information cannot be allowed to stand in the way of the need to safeguard adults at risk of abuse or neglect.  No practitioner should assume that someone else will pass on information which may keep a child, young person or adult at risk safe.

Practitioners should use their professional judgement when making decisions on what information to share and when.  They should follow their organisation's procedures, any information sharing agreements in place with their organisation and their partners, and if the organisation has one, consult with their legal department/seek legal advice, if in doubt.

The most important thing to consider is whether sharing certain information is likely to safeguard and protect an adult at risk.

For adults at risk you should think about:

• has the person consented to the sharing of information?
• If they have not, is there a particular reason, do they need reassurance or additional support? Have you explained fully what you want to share and why? Have you made every effort to gain their informed consent?
• is it in the adult's vital interests to share information in order to prevent serious harm or distress, or a life threatening situation?
• is it in the public interest, e.g. is there a risk to others?
• does the adult has care and support needs? Are they considered an 'adult at risk' under section 42 of the Care Act and so safeguarding adult duties apply?
• is the adult at risk subject to coercion or undue influence to the extent that they're unable to give consent?
• does the adult lack the mental capacity to consent to a referral to adult social care, and is it in the adult's best interests to refer them?

The Information Commissioners Office (ICO) has guidance on the lawful basis of information sharing too:

A guide to lawful basis

Interactive guidance tool - walk your way through the decision you are looking to make here.

Community Care also published an article (January 2024) with a useful overview on the issue of consent in safeguarding adults, you can read it here: Safeguarding adults enquiries: do you need consent?

Remember:

• Adults have a general right to independence, choice and self-determination, including control over information about themselves.  In the context of adult safeguarding, these rights can be overridden in certain circumstances, such as where necessary to prevent or address harm or abuse.
• Emergency or life-threatening situations may warrant the sharing of relevant information with the relevant emergency services without consent.
• Information can be shared lawfully within the parameters of the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
• The law does not prevent the sharing of sensitive, personal information either within or between organisations. If the information is confidential, but there is a safeguarding concern, sharing it may be justified.
• The law expects that the reasons for sharing the information are clear and proportionate to the need - for example the public interest need to prevent a serious crime will likely outweigh the public interest need to protect the confidentiality of an individual.
• There should be a local agreement or protocol in place setting out the processes and principles for sharing information between organisations.
• An individual employee cannot give a personal assurance of confidentiality.
• Frontline staff and volunteers should always report safeguarding concerns in line with their organisation’s policy – this is usually to their line manager in the first instance except in emergency situations.
• It is best practice to try to gain the person’s consent to share information.
• As long as it does not increase risk, practitioners should inform the person if they need to share their information without consent.
• Organisational policies should have clear routes for escalation where a member of staff feels a manager has not responded appropriately to a safeguarding concern.
• All organisations must have a whistleblowing policy.
• All staff, in all partner agencies, should understand the importance of sharing safeguarding information and the potential risks of not sharing it.
• All staff should understand who safeguarding applies to and how to report a concern.
• The six safeguarding principles should underpin all safeguarding practice, including information sharing - Empowerment, Prevention, Proportionality, Protection, Partnership and Accountability.