Hi,
Thank you Phil and Susan for those pointers. Have had a look at both and my thoughts are:
Condition 7(1)(b) of Schedule 3 states that you can process if there is an "enactment" which is fine, but is this just legislation, or can it also be used for any project the Govt decides to ask us to do? If it can be applied, why not tell us all that in the first place!
Para 4 SI 2000 no 417 - does this not only apply where 4(c) applies? And in this case this would only be lawful if it was in substantial public interest (so possibly not individual families), to assist in prevention and detection of crime (which we already allow for) and so as not to prejudice provision of support services. In what circumstances might the last point be applied? Sorry if this is a stupid question, but it's Friday and interpreting legal speak is not my forte!
We already apply sharing without consent where to obtain consent would put a person at risk of harm/significant harm, or it would prejudice the prevention and detection of crime, but in the majority of cases we are working with we could not justify using this, so it would still need to be case by case sharing, and in cases where there was no risk, consent should still be applied. Unless an enactment exists to allow us to go without!
I think my problem is that it's not clear, and it's complicated to work out.
Best wishes,
Michelle
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