Child Protection Guidance 2021

National Guidance for Child Protection in Scotland 2021 Part 1: The context for child protection 28 Version 1.0 September 2021 Sharing without consent 1.134 Where there may be a child protection concern, information may be lawfully shared without the need for consent to be obtained from the individual(s) to whom the information relates. The following considerations will be helpful to support relevant, proportionate, timely, safe and effective information sharing. • if there is evidence that a child is at risk of significant harm, relevant information can be shared with a statutory agency without delay. Consent is not required or appropriate because the information must be shared in order to protect the child. Consent should only be sought when the individual has a real choice over the matter. However, where appropriate, agreement and understanding about the sharing of information may be helpful in engaging individuals in the process • the needs, feelings, views and wishes of the child should be taken into account and documented. They may also need additional support to understand and communicate • information sharing decisions must be based not only upon considerations about the safety and wellbeing of the individual, but also the safety of others • information can be shared without consent if, for example, a practitioner is unable to gain consent from the individual in time to prevent risk of harm, or if gaining consent could place a child at risk • relevant personal information can be shared lawfully if, for example, it is to keep a child or individual at risk safe from neglect or physical, emotional or psychological harm. This must be done in a way that complies with the relevant areas of law such as data protection, human rights and confidentiality • in all circumstances, it is important to be transparent with children and families so that they know what information is to be shared or has been shared and in what circumstances. In certain exceptional circumstances, it may not be appropriate to advise the individual that information is to be shared • children and their families should also be aware that they can challenge whether sharing information is proportionate • a record should be made of the reasons and considerations that informed the decision to share the information 1.135 If, where there is a possible child protection concern, a decision is made not to share information, consider : • what are the reasons for deciding not to share information? • what harm could result if this information is not shared? • what are the possible risks for the child or young person or for others if information is not shared and how serious could those risks be? Reasons for not sharing should be recorded. Involvement of children 1.136 Article 12 of the UNCRC must inform the approach to participation of children in child protection processes. This makes no restrictive presumption about age. Article 12 states: “States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.”