For the most up to date advice and guidance on information sharing, please click on the following link:

https://www.gov.scot/Topics/People/Young-People/gettingitright/information-sharing

***THIS SECTION  BELOW IS CURRENTLY IN NEED OF REVIEW***

The children & Young People (Scotland) Act 2014 creates a duty to share information but it does so within a set of clear principles and boundaries, including those already set by the Data Protection Act 1998 (the DPA).

Information shared and the way in which it is shared must be relevant and proportionate.

Information sharing should be openly discussed with ALL children, young people and parents through their involvement in assessment and planning, excluding exceptional cases. The exceptions may be where the child’s age makes this not reasonably practicable, or where to seek and have regard to the views of the child’s parents would be detrimental to the child’s wellbeing.   Additional support needs should not be considered an exception to the requirement to obtain and consider the views of the child or parent. Information sharing discussions with children, young people and parents, including the reasons for sharing information, should be recorded by the named person.

When a Child’s plan (education) is put in place it is the responsibility of the named person to consider sharing the plan with;

• The child/young person where, taking account of the child’s age and maturity, it is considered that the child/young person is capable of understanding the purpose and effect of the plan
• The parents
• All staff working with the child who have a responsibility for implementing agreed actions and strategies.

The decision to share the Child’s plan (education) should be driven by what is best for the child’s wellbeing. The Named Person should not share information with other authorities or service providers unless they consider it necessary. In all but exceptional situations, the child or young person, and as appropriate their parents, will be involved in the decision to share information in order to seek assistance from another service.

Throughout this engagement process the Named Person should make it clear that whilst the views of the child and parents are valued and must be taken into account, their consent is not being sought, and the Named Person may, where appropriate, share information without consent, when it is required to promote, support or safeguard a child’s wellbeing. At times, achieving the balance between confidentiality and sharing can be challenging. In such cases, where the child, or the service sharing the information asks for confidentiality, then respecting that request should be the default position.

When the named person changes, the outgoing named person has a duty to provide the incoming named person with:

• the name and address of the child or young person and each parent of the child or young person and
• all information which the outgoing service provider holds which is likely to be relevant to the Named Person functions.

During times of transition the named person must ensure that all information shared is proportionate, likely to be relevant and shared in compliance with other relevant legislation. Information should not routinely follow the child unless it is likely to be relevant. What information is likely to be relevant is a decision for the outgoing Named Person service provider. In establishing what information is to be provided, they must consider whether the child’s circumstances indicate that their wellbeing might be adversely affected if the information is not shared.

The Child’s plan (education) should be clearly marked with PROTECT + and managed in accordance with the departmental guidance ‘Information Security within Educational Establishments’ (Standard Circular 2).