In today's schools, effective information sharing stands as a cornerstone of child protection and safeguarding. The 2024 Keeping Children Safe in Education (KCSIE) guidance emphasises that sharing information is crucial not only in identifying and addressing abuse, neglect, and exploitation but also in promoting children's overall welfare and educational outcomes.
Balancing Data Protection with Safeguarding
Legal framework
The Data Protection Act 2018 and UK GDPR provide the legal foundation for information sharing, requiring organisations to:
- Process information fairly and lawfully
- Keep information secure
- Share information appropriately
Special category personal data
It is important that Schools understand that:
- Safeguarding information often qualifies as 'special category personal data'
- Sharing without consent is permissible when necessary for safeguarding
- The child's best interests must always be the priority
When to share information
Key considerations
Schools can share information when:
- It enhances child safeguarding
- Gaining consent isn't possible or appropriate
- Delay would put a child at risk
- Professional judgment indicates necessity
The serious harm test
Schools must withhold personal data when:
- The serious harm test is met
- A child is in emergency accommodation
- Disclosure could compromise safety
7 Golden rules for information sharing
- Remember that safeguarding is paramount
- Be open and honest about information sharing
- Seek advice if you're unsure
- Share with consent where appropriate
- Consider safety and wellbeing
- Keep records of decisions and reasons
- Ensure information is necessary, proportionate, relevant, accurate, timely, and secure
Moving Forward
Effective information sharing is not just a legal requirement; it's a vital tool in protecting children and promoting their welfare. Schools and colleges must strike the right balance between data protection and safeguarding, always remembering that the safety and wellbeing of children should be the primary consideration.
By understanding and implementing proper information-sharing protocols, schools can create a stronger safety net for their students while fulfilling their legal and moral obligations to protect those in their care.
Resources and support
Schools can access additional guidance via the following useful links:
- Working Together to Safeguard Children
- Information Sharing Advice for Practitioners
- The Information Commissioner's Office
- Data Protection Toolkit for Schools