The document discusses information sharing regarding children who are "looked after" or in the care system. It notes that data protection and information sharing require professional judgement, clear purpose, and communication. While complex, these issues are not as complicated as often made out to be. When considering information sharing for a looked after child, their right to privacy and participation in decisions must be prioritized, but information sharing may still be appropriate to ensure their wellbeing is secured through improved outcomes. Any sharing should be necessary, proportionate, with only those needing to know, recorded properly, and with the child's consent when possible. Absolute positions on sharing are wrong, and getting it right requires both systems and ensuring staff understand their roles and responsibilities.

1. www.celcis.org
CELCIS Education
Forum
08 Dec 2016

2. www.celcis.org
Information sharing
in education

3. www.celcis.org
Two questions for you to consider:
1)In what circumstances do you think
teachers should be informed of a child’s
‘looked after’ status?
2)If a colleague asked you for guidance
on ‘sharing information about looked
after children’, what would you say to
them.
15 minutes of discussion at your tables, with
10 minutes’ group discussion

4. www.celcis.org
• Data protection and information
sharing are not exclusively technical
issues; getting your practice right
involves professional judgement,
clarity of purpose and
communication skills.
• While these issues aren’t simple,
they certainly aren’t as complicated
as many areas choose to make it.
Some CELCIS reflections on information sharing in education

5. www.celcis.org
Some CELCIS reflections on information sharing in education
• In the context of child who has become
‘looked after’, their right to privacy and
participation in decisions being taken about
them should be front and centre in your
consideration. But you must also attend to
your (legal) obligations to secure
improvement in their wellbeing.
• This is not carte blanche to share information
about looked after children; however, these
children’s status in the care system is a
strong indicator that their wellbeing is at risk,
and that creates the space for appropriate
and proportionate information sharing.

6. www.celcis.org
What should we take-away from this?
In considering whether to share information,
consider whether:
a) sharing is necessary to secure some better
outcome for the child (e.g. their protection,
an additional service or support at school,
etc.)
b) that the level of information being shared is
proportionate (no more than necessary)
c) that it’s only shared with the individuals who
need to know (there should never be
speculative information sharing, on the basis
that the person might need to know
something in the future)

7. www.celcis.org
What should we do?
d) that the sharing of information is recorded
properly in the Child’s Plan,
e) that the consent of the child or young person
is sought – and if that is not possible, or if it
is withheld, the approval of the child’s Lead
Professional, making a judgement about
whether it is in the child’s best interest.
In every case (unless there is a child protection
concern) the child and their carers should be
informed of the decision to share the
information.

8. www.celcis.org
What should we do?
• Any ‘absolute’ position on information
sharing, at any level, will invariably be wrong.
• Information / data sharing about looked after
children is a highly contextualised aspect of
professional practice, organised within a
legislative framework of principles and
processes. To get it right, organisations will
have to invest in both the physical systems
and infrastructure to make it work, and their
people, ensuring they understand their
obligations and responsibilities.

9. www.celcis.org
Guidance from SG & ICO
• Adhere to the principles of the Data Protection Act 1998
(these are largely about processing and safe storage)
• Only share information that is necessary, relevant and
proportionate
• Record why information has been requested or shared
• Make the child, young person or family aware of why
information is being shared*
• *Unless there are child protection concerns which mean
this can’t (due to time) or shouldn’t (due to risk) be
sought.