Who is this advice for?
All individuals who are directly involved in safeguarding children, including frontline practitioners, managers and senior leaders
Individuals and organisations that work with children, parents, carers and families, in sectors such as social care, education, health, justice and voluntary
It is vital to join up adult and children’s services for the purposes of safeguarding. Therefore, this advice may also be helpful for practitioners working with vulnerable adults and adults who could pose a risk to children.
What do we mean by consent?
"Consent” as a lawful basis to share information, as defined by data protection legislation (and relevant for the purpose of this Advice), is different to the general meaning of consent – such as the giving of permission. This is not usually the appropriate legal basis for sharing information to safeguard children
“consent” or “agreement” to receive a service, such as a parent’s agreement to engage with services under section 17 of the Children Act 1989 (including early help). The meaning of 'consent' in this context is the general sense of the word and is separate from the meaning of 'consent' as a lawful basis under data protection law. It may be necessary to share information even if the threshold for service intervention (for example, under s.17 of the Children Act 1989) has not been reached or where a person does not agree to the provision of particular services
“consent” to receive medical treatment, there are specific meanings of implied and explicit consent for health purposes. Health practitioners should refer to their regulator’s guidance or NHS advice.
Being upfront, transparent and honest with children and families. This is generally good practice, whenever it is safe to do so, as is emphasised throughout this advice (including below). This does not equate to obtaining “consent” from individuals to share their information (or information about their child) for data protection purposes, but this practice does promote engagement and collaboration.
