1. Introduction
Information sharing between agencies is of paramount importance in Safeguarding Adults. This chapter sets out the key principles of sharing information, and action required when a member of staff receives information about potential Abuse or neglect.
The Care Act emphasises that early sharing of information is the key to providing an effective response where there are emerging concerns. 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.
2. Key Principles
- Every worker, manager and professional, from whatever discipline, must communicate and co-operate with others to protect the Adult at Risk;
- Information must be shared lawfully and proportionally between agencies on a ‘need-to-know’ basis. This should be explained to the Adult at Risk and, where possible, they should be told what information will be shared.
3. Required Action
- Where the Local Authority receives information about potential Abuse or neglect, they should act, even if Consent has not been given, in circumstances where:
- It is believed the Adult at Risk may lack Capacity to make an informed choice;
- A criminal investigation may be required;
- It appears there is a wider public interest (i.e. there are other adults or children potentially at risk).
Staff must not guarantee confidentiality to anyone who discloses Abuse. It should be noted that in certain circumstances full disclosure may be ordered by a judge or ombudsman.
The decision of whether to share confidential information must be made on a case-by-case basis. Consent should be sought where possible unless seeking Consent would place the person at additional risk. All decisions made in terms of withholding or sharing information must be recorded.
4. Information Sharing Agreement
To support the functions of the Safeguarding Adults Partnership. Under the Care Act 2014 a Local Authority must:
- Set up a Safeguarding Adults Board; the Board (Partnership) will share strategic information to improve local safeguarding practice.
- Cooperate with each of its relevant partners; each relevant partner must also cooperate with the local authority.
Clause 45 of the Care Act focuses on ‘supply of information’. This relates to the responsibilities of others to comply with requests for information from the Safeguarding Adults Board for the purpose of enabling or assisting it to exercise its functions.
Organisations need to share safeguarding information with the right people at the right time to:
Prevent death or serious harm
- Coordinate effective and efficient responses
- Enable early interventions to prevent the escalation of risk
- Prevent abuse and harm that may increase the need for care and support
- Maintain and improve good practice in safeguarding adults
- Reveal patterns of abuse that were previously undetected and could identify others at risk of abuse
- Identify low level concerns that may reveal people at risk of abuse
- Help people to access the right kind of support to reduce risk and promote wellbeing
- Help identify people who may pose a risk to others and, where possible, work to reduce offending behaviour
- Reduce organisational risk and protect reputation
An Information Sharing Agreement provides a commitment by the signatories to ensure that a framework is in place that facilitates the sharing of information between partners and respects the individual’s right to privacy. Information sharing is increasingly important in the provision of services to our communities.
To this end, the Plymouth Safeguarding Adult Partnership commit to:
- Sharing information within a framework where it supports the provision of better services to our service users and communities, and improves the design of a service
- Ensuring that information is shared safely and securely
Ensuring that in sharing information:
- There is a clearly defined requirement
- It accords with the Data Protection Act 2018 and other applicable legislation and is otherwise lawful
- Only appropriate information is shared
- It is in the interests of service users and communities.
- Putting in place governance that ensures that managers and staff are aware of their responsibilities and recognise the need to work with partners.
Legal Basis
Information must be shared lawfully. The Data Protection Act 2018 provides a legal basis for the processing of personal data which ensures information is disclosed fairly and lawfully.
Each party will have a different statutory basis for holding and processing information it needs to fulfil its legal duties. The following are examples of legal gateways that may typically apply and includes those applicable across adult services:
- Care Act 2014
- Mental Capacity Act 2005
- Common law
- Data Protection Act 2018
- Crime and Disorder Act 1998
- Criminal Justice Act 2003
The 6 principles of the Data Protection Act 2018 must be met in the Information Sharing agreement. The table below identifies how the 6 principles will be met by both parties subject to agreement. Please see the Data Protection Act 2018 for the full wording of the principles. The Partners will ensure this Agreement and the manner in which information is shared adheres in all respects to these principles.
Useful links
Information Commissioner's Office - guide to general data protection regulation