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Contents

1.	Child Care Policy and Strategy
	1.1	Introduction
	1.2	Policy Statement
	1.3	The Ealing Pledge to Children and Young People
2.	Recording Values, Principles and General Procedures
3.	Confidentiality Policy, Values and Principles
4.	Consultation Values and Principles

1. Child Care Policy and Strategy

1.1 Introduction

This policy sets out the framework within which Ealing Children Social Care Services work with children, young people and their families. It is underpinned by a range of legislation including, but not limited to:

• Children Act 1989
• Children Act 2004
• Children (Leaving Care) Act 2000
• Care Standards Act 2000
• United Nations Convention on the Rights of The Child
• Human Rights Act 1998
• Adoption and Children Act 2002

The policy framework also has regard to and is consistent with a range of government guidance, particularly the Every Child Matters agenda and the principles set out in Working Together to Safeguard Children.

It is largely directed towards the work that the Ealing Children Social Care Services undertakes with Children in Need; which is carried out in partnership with all sectors of the Council and with other statutory, independent and voluntary sector services.

1.2 Policy Statement

In Children's Social Care Services, we will work to ensure that all children have the best chances in life to achieve their full potential.

Key Outcomes

This can be summarised under 5 key outcomes for children and young people:

• Being healthy

All children and young people have the right to have their physical and mental health safeguarded and promoted. They also have the right to live a healthy lifestyle.

• Being safe

All children and young people have the right to be safe and secure, protected from harm and neglect, and to live in an environment that enables them to develop to their full physical, mental, spiritual, moral and social potential.

• Enjoying and achieving

All children and young people have the right to the best possible education and training which meets their identified needs and equips them to live full adult lives. They also have the right to time and support to pursue appropriate leisure interests, especially children acting as young carers.

• Making a positive contribution

All children and young people have the right to family life wherever possible and to be supported to take part in community life. They have the right to a continuity of care wherever possible and to develop and preserve their own identities. They also have a right to information and to make choices about their lives, having regard to their age and understanding. Through this they will be enabled to make a positive contribution to the community and to society.

• Economic well-being

All children have the right to live above the poverty threshold and to be equipped with the skills and knowledge that will help them overcome socio-economic disadvantage where necessary.

Key Principles

Consideration of children's welfare and best interests will always be at the centre of our work.

Children's Social Care Services will work to ensure the above outcomes by working to maintain children within their own families, and facilitating services to support these arrangements, wherever this is possible and consistent with the child's safety and well-being.  

Where a child cannot be cared for within his or her immediate family, we will make strenuous efforts to identify potential carers within the wider kinship network of the child who are able and willing to care for the child. 

If continuing care within his/her family is not possible we will make every effort to identify suitable alternative carers, reflecting the child's ethnic, religious, cultural and linguistic background wherever possible and appropriate. We will seek to identify suitable local placements to provide educational and social continuity

We will ensure that children who are looked after are placed in approved placements, suitable to meet their needs and that, wherever possible, siblings are placed together. For younger children, they will be placed in a family placement unless there are sound assessed reasons why residential care is the preferred option.

We will ensure that permanence plans are made for all looked after children within 4 months of their becoming looked after and enacted as quickly as possible. If a young person remains in care we will ensure that they are supported when they leave care at least until they are 21, to give them a positive start to independent living.

We will consult with children, their parents and other significant adults about plans for their care and these plans will be subject to independent review. We will also consult about the services we provide and ensure that children have access to advocacy services that will assist them in being heard.

1.3 The Ealing Pledge to Children and Young People

We commit to taking our role as the Corporate Parent to looked after children and care leavers very seriously. If you are "looked after" or you are a "care leaver", this means that Ealing Council will be acting as a parent to you. Sometimes that will be by agreement with your parents and sometimes that will be via a court order. This pledge is our promise to you about how we will take care of you. The pledge provides you with a clear picture of what to expect from us and with those rights come responsibilities on your part. We promise we will always be clear about our expectations of you too. We will ensure that you are treated equally to all other looked after children and Care leavers in Ealing and will spend the resources available to us on good quality resources that provide good value for money for you. We want you to feel safe, happy, healthy, fulfilled and able to fully participate in your community and share your views on the things that affect your life.

This is our pledge to you for 2011/12:

• We will support you to stay healthy
• We want you to be physically and emotionally healthy and in order to achieve this we will:
  • Ensure you have an annual medical assessment and provide you with a health action plan (HAP) that we will follow through and that will be monitored by your IRO.
  • Provide you with access to a looked after children's nurse or health representative for one to one discussion about your physical and sexual health.
  • Ensure you have the opportunity to receive all of your immunizations.
  • Ensure you are registered with a G.P., dentist, optician and any specialist health care that you need.
  • Provide you with information to educate you on health issues.
  • Ensure you have an opportunity to have an assessment of your emotional needs every year and provide you with access to health professionals and services where required.
  • Provide you with access to the LAC Psychology team or access to emotional health services for care leavers (CAMH's) if you need it.
  • Provide you with life history work so that you have a clear and accurate understanding of your history.
  • Ensure you have access to the Substance Misuse team if you require education or intervention in this area.

We will ensure that you stay safe

If you become a looked after child or young person we will:

• Provide you with a family or residential placement to live in. We will monitor your placement to ensure it is safe and can meet your assessed needs.  This will be monitored at your statutory reviews at 1 month, 3 months and at 6 months from then on if your care plan does not change significantly until you are cease to be looked after. At 18 you will have an annual pathway plan review.
• We will also try not to change your placement so that you have stability in your home life. We will only do this if we think it is in your interest to move.
• We will try to find the same or a similar match between you and the people looking after you in relation to your race, religion, culture, language, and identity if this is what you want.  Where we cannot match all your needs we will look at the most important needs you have and meet those in the first instance and try to meet your other needs with additional services. For example we may feel it is more important for you to be placed with your sibling/s.
• We will consult you about your needs and your plans.
• We will also take into account your age, gender, sexuality and any additional needs you may have when we look for a placement for you.
• We will allocate you a social worker, who will visit you at least six weekly in your first year of living in a placement and then at least every 12 weeks unless you move to a different placement.
• You will have the opportunity to talk alone to your social worker about any concerns you have.
• We will try to limit the number of different social workers involved in your life. We will do this actively within the teams but also as part of our broader recruitment and retention strategy.
• We will try to prevent you from needing to access Youth Offending Services, however, should you require them, we will work closely with YOS to ensure you always have an appropriate adult with you when required, have access to legal representation.   
• We will work closely with all the professionals and people involved in your life to ensure that your needs are met and that you are kept safe as possible.
• We will ensure that we set appropriate boundaries for you to keep you safe. The boundaries we set will be in line with your age and maturity.
• We will ensure that we will have clear arrangements in place with other professionals to safeguard you if you are missing from care. For example parents, police, carers and social workers.

Enjoy and achieve

We will help you to enjoy your life and achieve the very best you can in all areas by:

• Ensuring that your allocated worker assesses your needs and prepares a care plan with you. If you are 16 we will ensure that your allocated worker assesses your independence skills and needs and draws up a pathway plan with you and ensure that you have a copy of it.
• Ensuring that you have a Personal Education Plan that is regularly reviewed.
• Ensuring that you have access to a designated teacher within your school and that you have access to the Looked After Children Education Team, whether you live in Ealing or outside the borough.
• Ensuring that we do everything we can, not to disrupt your education if you have to change your placement.
• Ensuring that you can either access the Horizons Education Centre, or that alternative services in your area can be used when needed by you e.g. school services, connexions
• Ensuring you have access to a connexions worker to give you advice about your options regardless of where you live.
• Teaching you to write C.V.'s and practice interview skills and to access vocational training, apprenticeships that will help you to find employment.
• Supporting you to continue on to further and higher education where appropriate and employment based routes and vocational courses or training where appropriate.
• Providing you with a grant for university courses and drawing up a contract with you of how you wish to utilize the grant over the academic year.
• Ensuring you have access to a laptop or computer to help you with your studies, providing you are in education.

Economic well-being

In order to help you manage your finances and remain debt free, we will ensure that you are equipped with the necessary skills and support you in the following ways:

• We will ensure that you receive regular pocket money or if you are in semi independence and eligible, subsistence at DSS rates from your placement.
• We will assist you in opening a bank account if you are eligible and we assess within your pathway plan that you are ready to open and manage one.
• We will ensure that you have a savings account if you are in care for longer than a year.
• We will ensure that we support you to obtain identity documents such as passports, provisional driving licence and National insurance documents.
• We will ensure you have access to semi independence outreach support to prepare you for leaving care whether you live locally or outside of the borough.
• If you are eligible we will provide you with a quota flat in Ealing when you leave care and support you to find accommodation in alternative areas in which you may wish to live. This is likely to be in the form of private rented accommodation.
• We will provide you with the option to attend Pre - Tenancy training to strengthen the opportunity of you maintaining your tenancy and to help you avoid future debt. 
• We will provide you with a leaving care grant when you have a permanent home and help you to use this to furnish your home.

Making a positive contribution

In order to support you in making a positive contribution and active participation we will:

• Give you a voice and we will be interested in what happens to you and how you feel. We will not only listen to what you have to say but will take your views into account in decisions affecting your life. This will be done in many possible ways. E.g. via your social workers visits and discussions with you, your statutory reviews, via an advocate or in consultation surveys.
• Talk with you on a regular basis about all aspects of your care. You will have your statutory reviews at least 6 monthly where you will be present or can share your wishes and feelings with an advocate.
• Talk with you and your parent/s, or any person sharing parental responsibility for you, wherever possible regarding any big decisions that need to be made about you.
• Your age, maturity, wishes, feelings will be taken into consideration alongside our legal duties to you and your family.
• Your views will be sought during social work visits, before and during your reviews and if you complain we will provide you with an advocate to help you to express yourself if you wish. We can provide this advocate Via Voice or you can discuss with your IRO, mentor, personal advisor or someone appropriate that you choose to support you. 
• If you have any communication needs we will ensure that you have access to staff that are trained in your first communication e.g. BSL, Makaton sign language or a communication board.
• Your views will always be welcome by everyone in Ealing's Children and Families services and whenever possible we will act upon them.
• When you are 16 you will have access to a Personal Advisor to support you in sharing your views with your allocated worker.
• We will provide you with opportunities throughout your care to shape the services we provide by actively seeking your views about how things work or don't work for you.
• You will have the opportunity to apply to have a peer mentor or even to apply to be trained to become a mentor for younger children in care.
• You will have the opportunity to become part of the Horizons Shout out Council (HSC) and to attend the corporate Parent panel as a representative to express your views on the services you receive and to raise and discuss pertinent issues for children and young people in care and those preparing to leave Care. You will be provided with opportunities to take part in this regardless of where you live. 
• If you have any views on our pledge to you please contact us via the Horizons education centre or via your social worker, as we will be formally reviewing our pledge every year to make sure we are providing you with the care, support and the services you need.

Useful contact details:

Customer Care Unit

T: 0208  825  6293 IRO's can be contacted via your social worker, the Customer Care Unit or directly to each individual IRO.

Leaving Care Team

T: 0208  825  5171

Lac Team Acton

T:  0208  825 9210

Lac Team Greenford

T: 0208  825  6189

CWD Team

T: 0208 825 5713

Education Team - LAC /LCT

T: 0208 825  7791

Horizons Education Centre

T: 0208  537  4940

LAC Nurse

T: 0208  825  5103

Voice

T: 0808 800 5792

NSPCC Childline

T: 0800 1111

2. Recording Values, Principles and General Procedures

Each of the following values is summarised.

1. Records must be kept on all Children   
2. The design of records and forms must be approved
3. Children and their families must be informed about their records  
4. The practitioner primarily involved should complete the record   
5. All relevant information about children and their families must be recorded  
6. Children and their families should be involved in the recording process    
7. Information about children/their families should normally be shared with them   
8. Managers must ensure that confidential information is identified
9. Records must be legible, signed and dated
10. Records must be kept up to date (timescales)    
11. Records must be written in plain English and prejudice must be avoided   
12. Records must be accurate and adequate  
13. Managers must oversee, monitor and review records   
14. Records should be kept securely  
15. Removal of records must be an exceptional occurrence   
16. Records moved to a new location must be monitored  
17. Records must usually be retained after closure  
18. Use of computers at home
19. Protecting other people's information

1. Records must be kept on all children

Each child must have his or her own electronic case record from the point of referral to case closure; audio, video and digital recordings may also be kept.

Where paper files are also kept, information held in electronic records must accurately reflect the corresponding information recorded within paper files.

Records held on paper may extend to more than one volume.  Where more than one volume exists, the dates covered by each volume must be clearly recorded on the front cover.

For further information see Ealing Guidance on Electronic File Plan Structure.

2.The design of records and forms must be approved

Records and forms must be designed to fit their purpose and used consistently across the organisation.

A manager must approve the design of all records and forms before coming into use.

For further information in relation to the Integrated Children's System (ICS), see also ICS Guidance

3.Children and their families must be informed about their records

Children and their families have a right to be informed about the records kept on them, the reasons why and their rights to confidentiality and of access to their records.

See Section 3, Confidentiality Values and Principles

Where children have been adopted, see also Access to Birth Records/Adoption Case Records Procedure.

Information must be provided in a form that children and their families will understand - in their preferred language or method of communication.  An interpreter will be provided if needed.

4.The practitioner primarily involved should complete the record

The practitioner primarily involved, that is the person who directly observes or witnesses the event that is being recorded or who has participated in the meeting/conversation, must complete records.

Where this is not possible and records are completed or updated by other people, it must be clear from the record which person provided the information being recorded.  Preferably the originator should read and sign/endorse the record.

Records of decisions must show who has made the decision and the basis on which it has been made.

5.All relevant information about children and their families must be recorded

Every child's case record must hold details of the child's full name, date of birth and any identification number.

It must also include a risk assessment, transfer/closing summary (where appropriate) and a properly maintained chronology.

All other relevant contacts with children, their families, colleagues, professionals or other significant people must be recorded in the same way, i.e. who was present or seen, the relevant discussions, actions or decisions taken and by whom, and the reasons for decisions. Full names and professional relationships should be recorded.

6.Children and their families should be involved in the recording process

Children and their families must be routinely involved in the process of gathering and recording information about them.  They should feel they are part of the recording process.

They should be asked to provide information, express their own views and wishes, and contribute to assessments, reports and to the formulation of plans.

Generally, they must be asked to give their agreement to the sharing of information about them with others - but there are exceptions.

7.Information about children and their families should normally be shared with them

Information obtained about children and their families should be shared with them unless:

• Sharing the information would be likely to result in serious harm to the child or another person, or
• The information was given in the expectation that it would not be disclosed, or
• The information relates to a third party who expressly indicated the information should not be disclosed.

Where information is obtained and recorded which should not be shared with the child concerned for one of the above reasons, it should be placed in the 'Restricted from user' section of the child's record and the reasons should be recorded.

See also Access to Case Records Procedure

Where children have been adopted, see also Access to Birth Records/Adoption Case Records Procedure and Section 3, Confidentiality Policy, Values and Principles.

8.Managers must ensure that confidential information is identified

Managers must monitor confidential information held on the 'Restricted from user' section of case records, ensuring that the reason for it being considered confidential is valid; if not, it should be available to be shared with the child.

However, before sharing any such information, the manager must take all reasonable steps to consult the originator and take account of their views and wishes.  See also Access to Case Records Procedure

9.Records must be legible, signed and dated

Those completing electronic records must show their name and the date when the recording was completed.

If possible, paper records should be typed or handwritten in black ink and all such records must be signed and dated. 

Any handwritten records must be produced so that readers not familiar with the handwriting of the writer can read the records quickly and easily.  It must be possible to distinguish the name and post title or status of the person completing the record.  If there is any doubt of the identity of the writer from a signature, the name should be printed.

10. Records must be kept up to date (timescales)

Records should be updated as information becomes available or as decisions or actions are taken.

A table setting out all timescales is being produced and will be included here by July 2010.

11. Records must be written in plain English and prejudice must be avoided

Case  files must record information, which can v=be used to monitor the development of policy and practice, which is responsive to cultural diversity and to promote the effective equalities and diversity practice. For example it is essential that records on service users contain accurate information on ethnicity, language and religion.

The case record must show how service users with language and communication needs were facilitated to ensure fair and equal access to their files and where necessary when specialist equipment was needed, were helped to use the equipment if they were unfamiliar with it.

Records must be written concisely, in plain English, and must not contain any expressions that might give offence to any individual or group of people on the basis of race, culture, religion, age, disability, or sexual orientation.

Use of technical or professional terms and abbreviations must be kept to a minimum; and if there is likely to be any doubt of their meaning, they must be defined or explained.

See also Ealing's Translation and Interpretation Policy and Ealing Equalities and Diversity Policy.

12. Records must be accurate and adequate

Care must be taken to ensure that information contained in records is relevant and accurate and is sufficient to meet legislative responsibilities and the requirements of these procedures.

Every effort must be made to ensure records are factually correct.

Records must distinguish clearly between facts, opinions, assessments, judgments and decisions.  Records must also distinguish between first hand information and information obtained from third parties.

When recordings are made from information supplied by an interpreter or signer, this should be stated in the recording. Where translation services are used both the original document and the translated version should be kept on file.

See Section 3, Confidentiality Values and Principles

13. Managers must oversee, monitor and review all records

The overall responsibility for ensuring all records are maintained appropriately rests with line managers, although the responsibility can be delegated to other staff as appropriate.

The line manager should routinely check samples of records to ensure they are up to date and maintained as required and, if not, that deficiencies are rectified as soon as practicable.

See also Supervision Policy.

14. Records should be kept securely

All records held on children must be kept securely.

Children's paper files should normally be stored in a locked cabinet, or a similar manner, usually in an office which only staff/carers have access to.

Other day-to-day records, such as Contact or Daily Records, should also be kept securely in a manner authorised by the manager.

These records should not be left unattended when not in their normal location.

15. Removal of records must be an exceptional occurrence

The records held in Ealing are primarily electronic and accessed via the client database Frameworki (Fwi). Where held on paper records should not normally be taken from the location where they are usually kept.

If it is necessary to remove a record from its normal location, a manager should approve this and should stipulate or agree how long it is necessary to remove the record.  The manager must also be satisfied that adequate measures are in place to ensure the security of the record(s) whilst they are removed.  For example, records must never be left in unattended vehicles.

The authorisation for a record to be removed must be recorded and those who may have need to see the records should be informed of their removal.  The manager must then ensure the record is returned as required/agreed.

See also Ealing's Policies  on Email, Home working and Data Protection Regarding the Secure Transfer of Information.

Click on the following inside Ealing links for further information:

• Home working
• Information Management

16. Records moved to a new location must be monitored

Where records are moved to a new location, the date of transfer should be clearly recorded.

The sender should check that the records have arrived at their intended destination.

See also Ealing's Access to Records Procedure

For transfer of cases to other local authorities see Transfer and Allocation of Work Between Children's Social Care Services Teams (Team Protocols).

17. Records must usually be retained after closure

Files should be retained for the period set out in the Retention of Documentation and Destruction of Files Procedure.

The member of staff responsible for the case when the case is closed is responsible for ensuring that the file to be retained is in good order and that unnecessary items have been removed, for example, compliment slips, duplicate copies etc.

In case where children have been looked after significant personal correspondence, photos etc from birth parents to children needs to extracted from the child's file and returned at the point the case is closed.

18. Use of computers at home

Staff using computers at home for work purposes must transfer any material to an office PC on the next working day.  All material must then be deleted from their personal PC hard drive and/or floppy disc or CD.

This procedure also applies to staff using laptop computers, unless authorised by their manager to retain material for longer.

Such authorisation must only be given on a case-by-case basis and specific timescales must be recorded.  Where authorisation is given, no information should be retained that can identify any service user. 

See also Ealing's Policies on Home working and Email.

Click on the following inside Ealing links for further information:

• Home working
• Information Management

19. Protecting other people's information

Be aware of your obligation to protect other people's information

The loss, theft and inappropriate destruction of service users' personal data is now an offence and the Information Commissioner's Office can impose significant fines and publish details.

The Data Protection Act 1998 is designed to safeguard personal data and allow organisations such as the council to collect and process this data for legitimate purposes.

Complying with the Act is part of the employment contract of all council staff and forms part of the Code of Conduct.

All council employees need to ensure that other people's information is protected and kept safe at all times.

If personal information is taken from one location to another we must do so in the safest possible way.

We must ensure equipment is fully password protected and encrypted, and is kept secure at all times.

Files, diaries, notepads or computer equipment must never be left unattended in vehicles or on public transport.

Specific guidance

To ensure personal information is protected:

• Only use fully encrypted and password protected council supplied laptops and USB sticks.
• Lock your computer screens when you are not at your desk (Ctrl+Alt+Delete).
• Lock your print jobs and retrieve the printing as soon as possible.
• Never leave personal information on your desk when you are not there.
• Never leave laptops, notebooks, files, USB sticks, diaries, journals or anything else which contain personal information in a vehicle, whether you consider it secure or not.
• Before you work from home ensure Ealing Council's Home Working Policy has been approved and signed-off by your manager.
• When working from home, ensure your council computer system is electronically secure, password protected and fully encrypted.
• Do not use a personal laptop to carry out any council work.
• Ensure if you work from home the paper files are held in a secure environment and placed in a locked cabinet.
• Ensure if you work from home your computer is locked away (using a security cable if necessary) when not in use.
• Do not allow family members or friends to use your council computer.
• Do not share passwords on post-it labels or any other note that can be lost or stolen.
• Do not share passwords with colleagues, or managers.
• Do not transfer electronic files containing confidential data backwards and forwards between home PCs and work computers.
• Do not transfer service users' personal information to non-secure accounts such as Yahoo or Hotmail.
• If posting personal information ensure it is posted by registered/recorded delivery direct to the recipient only.
• When disposing of personal information only use confidential waste bins, ensure you have checked with your service area and the document you are disposing of is done so in accordance with relevant retention schedules.
• If you communicate electronically, ensure that this information is protected at all times, and you use fully encrypted and password protected secure devices, double-checking the email address you are sending to is correct before you push "send".
• When filing records ensure they are filed in a secure environment, under lock and key in the office, or at home.
• Contact the Corporate Data Protection Officer and your Manager as soon as possible to report lost or stolen personal information.
• When faxing personal information, ensure you have established a fax protocol with the sending/receiving organisation, i.e. the numbers are secure (entered into the device faxing to avoid errors), there is confirmation that recipient has the received the faxed document, and that you phone ahead prior to sending the fax.

Further information

In you have any queries contact: Dataprotection@ealing.gov.uk or telephone: 020 8825 8282

3. Confidentiality Policy, Values and Principles

Each of the following values is summarised.

1.	Children's Social Care Services Confidentiality Policy
2.	Confidentiality Values and Principles
	2.1	Personal information is subject to a legal duty of confidence
	2.2	Disclosure of confidential information is permitted in exceptional circumstances
	2.3	Situations where disclosure is permitted should be shared with children involved
	2.4	Information should be disclosed to colleagues and other professionals/agencies on need to know basis
3.	Freedom of Information Act 2000

1. Children's Social Care Services Confidentiality Policy

1.1 Introduction

Children's Social Care Services recognises its common law duties to safeguard the confidentiality of all personal information.  Wherever disclosure of confidential information to another person or organisation is being considered, a check will always be made to ensure that such disclosure is lawful.

All Council staff must be made aware that the DPA applies to the processing of all personal data, both in paper and electronic records.  Where disclosure is proposed, and there is any doubt as to whether the DPA applies or whether only the common law of confidentiality applies, advice will always be sought, from the Council's Data Protection Officer and/or Legal Services.

The Council will always record its reasons for deciding not to observe any duty of confidence it owes to a person who is the subject of information disclosed.

E-mail messages sent via the Internet can be intercepted, read and changed relatively easily.  Consequently, Council staff will not use the Internet to pass on personal identifiable information about service users unless a secure or encrypted connection is in place..

1.2 Staff Obligations

The Council's conditions of employment, issued as part of every employee's contract, detail the obligations placed upon the Council staff.

Staff employed with the Council will come into contact with confidential information/data relating to the work of the Council, its service users and other staff.  Staff are bound by their conditions of service to respect the confidentiality of any information that they may come into contact with and under no circumstances should such information be divulged or passed to any persons or organisation in any form unless such disclosure is authorised under this policy.

Any unauthorised disclosure of confidential information by Council staff may result in disciplinary action. Staff may also face prosecution under the Data Protection Act 1998.

Where Council staff misuse confidential information, e.g. disclose their password to someone else or use someone else's password to gain access to systems, they could face disciplinary action that could lead to dismissal.  They may also be prosecuted under the Computer Misuse Act 1990.

Managers must ensure that confidentiality is discussed with all new employees, as part of their induction.  It is recommended that staff acknowledge that they have taken note of the contents of this policy.

Volunteers and work experience students must also have their role in maintaining confidentiality made clear by the member of staff responsible for them and must be aware of and adhere to this policy.

1.3 Commercial Confidentiality

Some Council staff may have access to commercial information, agreements or contracts.  This information must be treated as confidential, and only discussed/disclosed where this forms part of the employee's remit within the organisation.  Staff should consult their manager if they are in any doubt.

1.4 Research, Audit and Monitoring

Access to confidential information or anonymous data may be sought for research, audit or monitoring purposes, either by other Ealing Children's Social Care Services areas or by outside organisations or public bodies.

Internal requests related to research projects must be approved and a formal submission will be required.

All external requests or enquiries may need to be directed to the Data Protection Officer for clarification or Legal Services for their approval.

1.5 Press Interest, Police and Legal Enquiries

All media enquiries should be referred to the Chief Executive via the press office.

The Police do not have automatic rights to personal information held by the Council about service users.  The matter should always be referred to a manager and/or the Data Protection Officer/Legal Services.

Any requests for access to confidential information held by the Council for the purpose of any legal proceedings must be referred to the Council's Legal Services. A Court Order is required in order to release such information for legal proceedings.  Verbal or written requests from lawyers are not sufficient. Staff should also seek advice from their manager and, where advised, the Data Protection Officer to ensure that correct action is taken.

2. Confidentiality Values and Principles

The following is a summary of the Practitioners Guide to Information Sharing which has been published by the DCSF, the full text of which can be accessed on the DCSF website

There is additional guidance in ‘Information Sharing: Further Guidance on Legal Issues’ and ‘Information Sharing: Case Examples’ (which can both be found at the Department for Education website)

2.1 Personal information is subject to a legal duty of confidence

Personal information held about children is subject to a legal duty of confidence and should not normally be disclosed without the consent of the subject. The exceptions to this are set out in paragraph 2.2 below.

The legal framework for confidentiality is contained in the common law duty of confidence, the Children Act 1989, the Human Rights Act 1998 and the Data Protection Act 1998.

2.2 Disclosure of confidential information is permitted in exceptional circumstances

Whilst the general principle is that information obtained about children must be shared with them and not with others, there are exceptions.  The public interest in child protection overrides the public interest in maintaining confidentiality and the law permits the disclosure of confidential information necessary to safeguard a child or children.

Disclosure should be justifiable in each case, for example to provide information to professionals from other agencies working with the child, and where possible and appropriate, the agreement of the person concerned should be obtained.

Those working with children must make it clear that confidentiality may not be maintained if the disclosure of information is necessary in the interests of the child.  Even in these circumstances, disclosure will be appropriate for the purpose and only to the extent necessary to achieve that purpose.

There may also be situations where third parties have a statutory right of access to the information or where a Court Order requires that access be given.

The circumstances in which information held in records on children and families can and should be disclosed and shared with others with or without consent are set out in the following sections.

In all other cases, where third parties such as advocates, solicitors or external researchers request access to information, this should only be given if written consent is given by the person concerned or if a Court Order requires it.

2.3 Situations where disclosure is permitted should be shared with children involved

Children should be informed of the circumstances in which information about them will be shared with others.  It should be made clear that in each case the information passed on will only be what is relevant and on a 'need to know' basis.

2.4 Information should be disclosed to colleagues and other professionals/agencies on a need to know basis

Sharing information promptly with others working with the same child, or who may need to know, is invariably the key to safeguarding the child's interests.

Therefore, relevant information about children must be shared with colleagues, other professionals or agencies that may have a role to play in their care.

However, the general principle is that information may only be shared on a 'need to know' basis.

For example:

• Where professionals are undertaking a Section 47 Enquiry in relation to a child.
• Where the Police are investigating a criminal offence or require information to help them find an absent, missing or absconded child.
• Where information is requested in the furtherance of an inquiry or tribunal, or for the purposes of a Serious Case Review.

In such circumstances the person to whom the information relates should be informed that records have been requested unless to do so would prejudice the purpose of the request.

Any objections they have should be considered before responding to the person making the request.

Where information or records are passed to others it should be noted and confirmed in writing.

Information may also be disclosed to persons who have a statutory right of access to the information, for example:

• Where the Court directs that records be produced or a Children's Guardian is appointed.
• Where information is requested by Inspectors of the Regulatory Authority (who have specific statutory powers that permit access to records)

Where information is requested by telephone or electronically, great care must be taken to ensure that the recipient is entitled to receive the information requested.  Where there is any doubt the information may not be provided without the approval of a manager.

3. Freedom of Information Act 2000

The Freedom of Information Act 2000 came into force on 1 January 2005.

Under the Act anybody may request information in writing or via e-mail from a public authority (which includes all local authorities) and must receive a response within 20 working days.  The Act confers two statutory rights on applicants:

• To be informed in writing whether or not the public authority holds the information requested; and if so
• To have that information communicated to him/her.

The Act applies to all information whether recent or old.

The Act sets out 23 exemptions from rights of access to information.  If the information is exempt, there is no right of access under the Act.

One exemption relates to personal information.  This means that an application for personal information under the Act is exempt and will not therefore be dealt with under the Act.  A person's right of access to such information must still be dealt with in accordance with the Data Protection Act 1998.  The procedure is set out in the Access to Case Records Procedure.

Another category relates to information provided in confidence where disclosure would involve an actionable breach of confidence.  This would include information provided by a member of the public about a child protection issue where the provider has provided the information on the basis that anonymity will be maintained.

The Act therefore does not change the legal position into the principles of confidentiality set out in paragraphs 2.1 to 2.4 above.

4. Consultation Values and Principles

4.1	General Principle of Consultation
4.2	Management Consultation
4.3	Legal Consultation

4.1 General Principles of Consultation

Everyone involved in the receipt and delivery of services should be consulted about decisions, which may affect them.

This includes children, their advocates, their parents, other significant family members and those charged with providing the service; including managers, staff, carers and professionals or colleagues from other agencies.

This means that people's views should be sought and taken into account in relation to all decisions, which are likely to affect their daily life and their future.

The older and more mature the child is, the more weight can and should be given to their wishes and feelings.

Unless there are exceptional circumstances, reasonable steps must be taken in all cases to consult the parents.  Exceptions will include where a child is placed for adoption and where older children with an appropriate level of maturity specifically request that their parents are not consulted and a decision is made to respect their wishes. 

Consultation should take place on a regular and frequent basis with those who need to be consulted and assumptions should not be made about the inability or lack of interest of those who should be consulted.

Where people have communication difficulties of any sort, suitable means must be provided to enable them to be consulted, including arranging access to advocates or representatives who may speak on their behalf.

Consultation should be undertaken in a creative manner.

If consultation is not possible or is restricted for whatever reason, steps should be taken to ensure those affected are informed of decisions as soon as practicable after they are made, and an explanation for the decision given, together with the opportunity to make a comment and express their views.

If it is then felt that a different decision may have been appropriate, steps should be taken to reconsider the decision.

If decisions are made against people's wishes, they should be informed of the decision and the reasons for the decision should be explained.  In these circumstances, the person should be informed of any rights they have to formally challenge the decision, and of the availability of the Complaints or Grievance Procedure.

Children should also be informed of their right to appoint an advocate, and if an advocate is appointed, he or she must be consulted in accordance with the principles set out in this section.

4.2 Management Consultation

Unless otherwise stated in specific procedures in this manual, it is assumed that people working in this organisation will take reasonable steps to keep their managers informed of their actions; and will consult and seek their approval where they do not have decision making responsibility delegated to them.

In order to facilitate this, managers must ensure that effective lines of communication are established and maintained.

If procedures in this manual require that managers are informed within specified timescales or their approval is sought before actions are taken, this must be complied with.

4.3 Legal Consultation

It is assumed that, in following these procedures, social workers and/or their managers will seek legal advice as appropriate before taking any action and/or making decisions, which will or may change the legal status of a child or decisions which do not have parental consent.  This is particularly so in cases where emergency action is being considered.

In order to facilitate this, managers must ensure that effective lines of communication are established and maintained between Children's Social Care Services and the Council's Legal Advisers, and that workers are aware of who may authorise contact, who may have contact and how contact should be made.

End