Sorry this is so long but I would be interested in any views regarding
extracts from a protocol document from a housing provider covering DPA and
sharing information between departments and third parties:-


1.  "it is important to note that there is no legal obstruction to full
disclosure of any information held by either department to the other since
this information is ultimately the 'property' of the Council as a whole, as
a single discrete body."


2.  "As a general principle there should be some form of client/tenant
consent to information being shared. There will however be circumstances
where client/tenant consent either cannot be gained or should not be sought
but where information sharing is necessary eg. where there is a perceived
significant risk in terms of client/tenant safety, where there are concerns
regarding the safety of a household member, the general public or staff
members and where the client/tenant could lose their tenancy through
eviction procedures. Under these circumstances, clearly there is a
requirement for both departments to share information regardless of the
client/tenants consent to do so.
e.g. Arrears Case - Prevention of Eviction where children/other vulnerable
persons are put out of the household
Housing should disclose all aspects of the case to Social Work eg. previous
arrangements broken; current arrears; declared income and benefits etc."

{Surely being "vulnerable" does not remove your rights under DPA or any
Act?}



"Initial Receipt of Information

i. Where it is clearly likely that information will be shared with another
department members of staff should seek the client/tenant or third parties
consent at the outset.
ii. Where appropriate the donor of the information should be given an
undertaking on confidentiality and be advised that in certain circumstances
information will be shared regardless of consent.

In some cases it will be sufficient to share information orally, in others
it will be more appropriate to provide information in writing."

{No mention is given in the procedure to recording the "oral" statement}


"Staff Safety
Where a client/tenant known to both departments has committed an act of
violence toward a member of staff of either department Operational Managers
should as a matter of course and as soon as possible alert their
counterpart (Area Manager/Neighbourhood Manager) about the incident giving
basic client/tenant details so that steps can be taken to maximise the
safety of staff from the other department who may come into contact with
the individual.
The above should be regarded as a circumstance where client/tenant consent
is not required."


{While technially agreeing, should the D.S. not still be advised of the
decision and reasons why thereby also allowing them to present their  own
case and request a review of the decision? and again no mention of record
keeping in the guidelines.}

M. Forbes

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