Safeguarding
Children
Definition: ‘Confidential
information is information of some sensitivity, which is not already lawfully
in the public domain or readily available from another public source, and which
has been shared in a relationship where the person giving the information
understood it would not be shared with others.’
(Information Sharing:
Practitioners’ Guide)
In our setting, staff can be
said to have a ‘confidential relationship’ with families.
It is our intention to
respect the privacy of children and their parents and carers, while ensuring
that they access high quality early years care and education in our setting.
We aim to ensure that all
parents and carers can share their information in the confidence that it will
only be used to enhance the welfare of their children.
There are record keeping
systems in place that meet legal requirements; means of storing and sharing
that information take place within the framework of the Data Protection Act and
the Human Rights Act.
EYFS key themes and commitments
|
1.3 Keeping
safe |
2.1 Respecting each
other 2.2 Parents as
partners |
3.4 The
wider context |
|
Confidentiality
procedures
§ We
always check whether parents regard the information they share with us to be
regarded as confidential or not.
§ Some parents sometimes share
information about themselves with other parents as well as staff; the setting
cannot be held responsible if information is shared beyond those parents whom
the person has ‘confided’ in.
§ Information shared between parents
in a discussion or training group is usually bound by a shared agreement that
the information is confidential to the group and not discussed outside of it.
§ We inform parents when we need to
record confidential information beyond the general personal information we keep
(see our record keeping procedures) - for example with regard to any injuries,
concerns or changes in relation to the child or the family, any discussions
with parents on sensitive matters, any records we are obliged to keep regarding
action taken in respect of child protection and any contact and correspondence
with external agencies in relation to their child.
§ We keep all records securely (see
our record keeping procedures).
Parents may request access
to any confidential records held on their child and family following the
procedure below:
§ Any
request to see the child’s personal file by a parent or person with parental
responsibility must be made in writing to the setting manager.
§ The
setting manager informs the chairperson of the management committee and sends a
written acknowledgement.
§ The
setting commits to providing access within 14 days, although this may be
extended.
§ The
setting manager and chairperson of the management committee prepare the file
for viewing.
§ All
third parties are written to, stating that a request for disclosure has been
received and asking for their permission to disclose to the person requesting
it. Copies of these letters are retained on file.
§ ‘Third
parties’ include all family members who may be referred to in the records.
§ It
also includes workers from any other agency, including social services, the
health authority, etc. It is usual for agencies to refuse consent to disclose,
preferring the individual to go directly to them.
§ When
all the consents/refusals to disclose have been received these are attached to
the copy of the request letter.
§ A
photocopy of the complete file is taken.
§ The
setting manager and chairperson of the management committee go through the file
and remove any information which a third party has refused consent to disclose.
This is best done with a thick black marker, to score through every reference
to the third party and information they have added to the file.
§ What
remains is the information recorded by the setting, detailing the work
initiated and followed by them in relation to confidential matters. This is
called the ‘clean copy’.
§ The
‘clean copy’ is photocopied for the parents who are then invited in to discuss
the contents. The file should never be given straight over, but should be gone
through by the setting manager, so that it can be explained.
§ Legal
advice may be sought before sharing a file, especially where the parent has
possible grounds for litigation against the setting or another (third party)
agency.
All the undertakings above
are subject to the paramount commitment of the setting, which is to the safety
and well-being of the child.
Legal
framework
§ Data
Protection Act 1998
§ Human Rights Act 1998
§ Information
Sharing: Practitioners’ Guide (HMG 2006) available at www.everychildmatters.gov.uk