Lesson 6 – Consent, Information Sharing and Confidentiality

6.1 Seeking consent

Where it is safe and appropriate, employees should explain:

• What information may be shared;
• Why sharing may help;
• Who may receive it;
• What may happen next; and
• Whether the customer agrees.

The customer’s views and desired outcome should be considered wherever possible.

6.2 When asking for consent may be unsafe

It may be unsafe or inappropriate to seek consent in the usual way where:

• The alleged abuser is present;
• Asking could increase the risk;
• There is immediate danger;
• A serious crime may be occurring;
• A child may be at risk;
• Other adults may also be at risk;
• The person is being controlled;
• The employee cannot communicate privately; or
• The situation requires an emergency response.

6.3 Refusal of consent

An adult may refuse permission to share information.

That refusal should be considered and recorded. It does not automatically prevent all sharing.

Management or specialist advice should be obtained where there is:

• Risk of death or serious harm;
• Risk to a child;
• Risk to another adult;
• Suspected serious crime;
• Coercion affecting the decision;
• Concern that the person cannot protect themselves;
• A legal obligation;
• A court order; or
• An overriding safeguarding justification.

6.4 Sharing without consent

Information should not be shared without consent merely because an employee thinks it would be helpful.

Before non-consensual sharing, the appropriate manager or safeguarding lead should consider:

• The nature and seriousness of the risk;
• Who is at risk;
• Whether the risk is immediate;
• The customer’s wishes;
• Whether consent can safely be obtained;
• The legal basis for sharing;
• What information is necessary;
• Who genuinely needs the information;
• Whether sharing could increase danger; and
• How the decision will be recorded.

6.5 Data-protection considerations

Safeguarding information may include:

• Health information;
• Criminal allegations;
• Domestic abuse information;
• Financial information;
• Contact details;
• Information about children; or
• Special-category personal data.

A lawful basis must be identified before personal data is shared. The organisation should be able to show that the basis and necessity of sharing were considered.

Data-protection law does not prevent necessary and lawful safeguarding information sharing, but it requires organisations to share information fairly, securely and proportionately.

6.6 Vital interests

In a genuine life-or-death emergency, protecting a person’s vital interests may provide a basis for sharing information.

The ICO emphasises that vital interests is a limited basis intended for circumstances essential to someone’s life.

Employees should not attempt to make complex data-protection decisions alone. Emergency action should be taken where necessary, followed by immediate management reporting.

6.7 Data minimisation

Only information necessary for the safeguarding purpose should be shared.

Before sharing, ask:

• What does the recipient need to know?
• Is every detail relevant?
• Can the purpose be achieved with less information?
• Is the recipient appropriate?
• Is the communication method secure?

6.8 Safe communication

Staff should establish:

• Whether it is safe to telephone;
• Whether voicemail can be left;
• Whether email is secure;
• Whether correspondence could be seen by the alleged abuser;
• Whether a safe word or agreed contact time is used;
• Whether an alternative address should be protected; and
• Whether account access may be monitored.

Lesson 6 key point

Consent should normally be sought where safe, but serious safeguarding risks may justify proportionate information sharing without consent following proper escalation.