• Common law duty of confidence
Common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges. It is also referred to as †̃judge-madeâ€TM or case law. The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information providerâ€TMs consent. In practice, this means that all information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the person. It is irrelevant for example how old, or what the state of his/her mental health …show more content…
Information is only passed on to professionals if the parents have been consulted.
Every Child Matters
Government Guidance, Every Child Matters, “Information Sharing: Guidance for practitioners and managers―, (2008) highlights seven golden rules for information sharing: • Remember that the Data Protection Act is not a barrier to sharing information. It provides a framework to ensure that personal information about living persons is shared appropriately. • Be open and honest with the person (and/or their family where appropriate) from the outset about why, what, how and with whom information will, or could be shared, and seek their agreement, unless it is unsafe or inappropriate to do so. • Seek advice if you are in any doubt, without disclosing the identity of the person where possible. • Share with consent where appropriate and, where possible, respect the wishes of those who do not consent to share confidential information. You may still share information without consent if, in your judgement, that lack of consent can be overridden in the public interest. You will need to base your judgement on the facts of the …show more content…
• Keep a record of your decision and the reasons for it – whether it is to share information or not. If you decide to share, then record what you have shared, with whom and for what purpose. If you decide not to share, then record why.
Question: Question
Common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges. It is also referred to as †̃judge-madeâ€TM or case law. The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information providerâ€TMs consent. In practice, this means that all information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the person. It is irrelevant for example how old, or what the state of his/her mental health …show more content…
Information is only passed on to professionals if the parents have been consulted.
Every Child Matters
Government Guidance, Every Child Matters, “Information Sharing: Guidance for practitioners and managers―, (2008) highlights seven golden rules for information sharing: • Remember that the Data Protection Act is not a barrier to sharing information. It provides a framework to ensure that personal information about living persons is shared appropriately. • Be open and honest with the person (and/or their family where appropriate) from the outset about why, what, how and with whom information will, or could be shared, and seek their agreement, unless it is unsafe or inappropriate to do so. • Seek advice if you are in any doubt, without disclosing the identity of the person where possible. • Share with consent where appropriate and, where possible, respect the wishes of those who do not consent to share confidential information. You may still share information without consent if, in your judgement, that lack of consent can be overridden in the public interest. You will need to base your judgement on the facts of the …show more content…
• Keep a record of your decision and the reasons for it – whether it is to share information or not. If you decide to share, then record what you have shared, with whom and for what purpose. If you decide not to share, then record why.
Question: Question