Child Protection, Consulting Young People, Confidentiality and Consent, and Information Sharing

 

Definition of Child or Young Person

For the purposes of this document, references to ‘children’ and/or ‘young people’ includes all those under the age of 18.

Child Protection and Young Persons’ Safety Planning Protocol

 

The East Renfrewshire Child Protection Committee Young Persons’ Safety Planning Protocol provides a framework for multi-agency assessment, planning and decision making for young people whose behaviour puts themselves and others at risk of harm. This protocol identifies self-harm as a criteria for referral through Children’s Services Request for Assistance (for young people aged 18 and under) in the following circumstances:

1. He / she is involved in serious incidents of self-harm (consideration needs to be given to the nature of the incident, pattern of behaviours / seriousness of incident / level of self-awareness / likelihood of repeated action / whether any other specialist agency, such as Child and Adolescent Mental Health Service and Healthier Minds, are involved).
2. There is no existing multi-agency plan and support in place for the young person or the referrer considers that the current multi-agency support and plan is insufficient to manage the risk that the vulnerable young person poses to themselves or others.

East Renfrewshire Child Protection Committee Young Persons’ Safety Planning Protocol p.3

Child Protection procedures should also be considered if, in relation to the self-harm behaviour:

• there is reasonable cause to believe the young person may have been subject, or be at risk of being subject, to physical, emotional or sexual abuse, neglect, child sexual exploitation, child trafficking or enforced labour
• there is reasonable cause to believe that the self-harm behaviour will increase the risk of the young person being vulnerable to abuse or neglect (e.g. through reaction of others to the behaviour or lack of care for wounds)

Consult with your child protection coordinator if you are unsure.

 

Confidentiality and Information Sharing

 

“Concerns about confidentiality must not obstruct the exchange of information between agencies / organisations which may be essential to the protection of young people at risk of significant harm to themselves or others.” East Renfrewshire Young Persons’ Safety Planning Protocol (2022)

 

Children and young people have a right to confidentiality whenever possible and appropriate. Furthermore, developing a trusting relationship with a young person is key to supporting their wellbeing needs and confidentiality is a central component in this relationship. However, an adult cannot promise to maintain confidentiality at all times. The law recognises that in certain circumstances the duty of care is greater than the duty to respect confidentiality.  Where a staff member is concerned that a child or young person is at risk of harm this will always supersede requirements to maintain confidentiality.  The Children’s and Young Persons (Scotland) Act 2014 places a duty on all services to share information securely and proportionately to promote, support or safeguard a child or young person’s well-being. If it is deemed necessary to pass information on, staff should clearly communicate to the child or young person the reasons for the information being passed on and to whom.  The welfare of the child or young person remains paramount throughout all stages of decision making.

 

There should be clear explanations about what is going to happen and the choice and rationale for certain courses of action. Information should not be shared with others without the young person’s permission except in exceptional circumstances such as:

 

• the child is not old enough or competent to understand and take responsibility for themselves
• urgent medical treatment is required
• the safety and wellbeing of a child/young person is at risk or there is the possibility of harm to others
• there is a serious risk to public health
• by virtue of statute or court order
• for the prevention, detection or prosecution of serious crime

 

If there is reasonable professional concern that a child may be at risk of harm this will always override a professional or agency requirement to keep information confidential. Professionals should tell young people when they may have to share information without their consent unless this is felt to not be in the interests of the child’s welfare (e.g. that sharing information may lead to increased levels of risk).

 

 

Informing Parents and Carers about Self-Harming Behaviour

 

Regardless of the age of the young person it is important that parents/carers are made aware of the concerns. This should be discussed openly with the young person so they understand the importance of key adults sharing information in order to provide the best support and keep the young person safe. There will be scenarios where the young person does not want their parent/carer to know about the self-harming behaviour. In these situations there is no one definitive response and generally the following applies:

 

• The best interests of the child must be considered and this is critical in any decision making process
• The views of the child are relevant, however, definitely not determinative

 

For children and young people of any age, an assessment should be made as to the level of understanding of the child and the significance of the self-harm behaviour.  The duty of care to ensure the safety of the child is always greater than the expressed wish for confidentiality. Staff are encouraged to seek support and consultation from their line manager and all decisions and actions taken should be documented.

 

Next – What to do – Responding to Self-Harm