Consent must be ‘informed’. This means that the person giving consent needs to understand why information needs to be shared, what will be shared, who will see their information, the purpose to which it will be put and the implications of sharing that information.
The giving of consent can be ‘explicit’ or ‘implicit’. Obtaining explicit consent for information sharing is best practice and ideally should be obtained at the start of involvement with the individual or family. It can be given either verbally or in writing, although written consent is preferable as there is then evidence of the giving of consent. Consent can be implied if the information sharing is intrinsic to the activity or service being requested or participated in.
Consent may be withdrawn, either verbally or in writing, at any time. If consent is withdrawn, legal advice must be obtained and in most circumstances further actions will require the obtaining of a court order.
A duty of confidence arises when one person discloses information to another in circumstances where it is reasonable to expect that the information will be held in confidence. Normally, personal information about children and families is subject to a legal duty of confidentiality and should only be disclosed to third parties (including other agencies) with the consent of the subject of that information. Wherever possible within these procedures, consent should be obtained before sharing personal information with third parties. However in some circumstances consent may not be possible or desirable as it may compromise the safety and welfare of the child. The information in these circumstances may need to be shared without consent in the interests of the child whose welfare is paramount. If in doubt legal advice should be sought.
Circumstances where consent should not be sought from the individual or their family, or they should not be informed that information will be shared are where doing so would:
- Place a person (the individual, family member, yourself or a third party) at increased risk of significant harm if a child, or serious harm if an adult; or
- Prejudice the prevention, detection or prosecution of a serious crime; or
- Lead to an unjustified delay in making enquiries about allegations of significant harm to a child, or serious harm to an adult.
Some professional bodies e.g. the General Medical Council (GMC) and the Nursing and Midwifery Council have produced profession specific guidance on confidentiality.
Ref:
Information Sharing: Guidance for Practitioners and Managers DCSF 2008
