Phil is correct. I was careless in my response. I should have said that 3 is in case of vital interest, those where one has to act immediately for medical emergency, which is why the information is being shared. Condition 8 would work as well as that would fit the purpose and intent of the sharing.

 

I would hesitate on saying that social care is automatically akin to a confidential support or any other service. The reason I say that is that many aggrieved parents may argue that the social care process involved with potentially removing their children is not a support service, which is why their explicit consent is hard to obtain. I would also hesitate to call it a confidential process. I think that elements of it are confidential but given the variety of actors involved at different stages in different ways, I am not sure a multiagency intervention and sharing is akin to a confidential service like counselling.

 

I appreciate that this may be a distinction without a difference, but I would rather stay within the main conditions from schedule 3 such as 6, 7 and 8.

 

My apologies for any confusion to anyone following the thread regarding condition 3 as that would be only in extreme cases.

 

Best,

 

Lawrence

 

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 29 November 2013 16:58
To: [log in to unmask]
Subject: Re: [data-protection] Child protection: information sharing project

 

I would just add a comment on the required Schedule 3 condition.

 

As a general rule, condition 3 (vital interests) cannot be invoked although could clearly be applicable in the most serious cases.

 

Essentially as this is sharing with health staff, condition 8 should apply as knowledge of the child's risk status is likely to be relevant for the provison of appropriate care and treatment.

 

And then there is para 4 of SI417(2000) " The processing—(a)is in the substantial public interest; (b)is necessary for the discharge of any function which is designed for the provision of confidential … support or any other service; " and " data controller cannot reasonably be expected to obtain the explicit consent of the data subject"

 

Has always seemed to me that social work is a confidential support service.

 

----- Original Message -----

From: Michelle Peel

Sent: 11/29/13 11:59 AM

To: [log in to unmask]

Subject: Re: [data-protection] Child protection: information sharing project

 

Hi Lawrence, 
 
Thanks very much; I knew someday I'd learn something useful! 
 
Just to add a final point regarding what health will then be able to access (or not), it is my understanding that the system will flag that there is a CP/LAC plan in place and this will then prompt them to make contact with the social worker in question. I assume (because I can't remember for definite!) that the system will include the contact details for the allocated case worker, which would be fed through from the LA systems. This will allow for direct contact. (That's certainly how ContactPoint worked.) 
 
Any sharing of detailed case information will be done with the professional judgement of the social worker, all of whom *should* have received training in DP, consent, information sharing etc. As I say, most health professionals should already be involved in the case, but the system is designed to flag with those who aren't routinely involved who may come into contact with the child, or (as in the case with Victoria Climbie) where the perpetrator of deliberate abuse attempts to circumvent the system by presenting in different geographical areas. (In my opinion, this is where the proposed system falls down, as it will only serve to protect children already known to social care (Baby Peter Connelly being one example), and not the ones who are being deliberately abused and have avoided detection as in the case of Victoria Climbie. This is why I believe that this system is a poor replacement for ContactPoint which would have had universal coverage.) 
 
Best wishes, 
 
Michelle 
 
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 
     All archives of messages are stored permanently and are 
      available to the world wide web community at large at 
      http://www.jiscmail.ac.uk/lists/data-protection.html 
     If you wish to leave this list please send the command 
       leave data-protection to [log in to unmask] 
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm 
 Any queries about sending or receiving messages please send to the list owner 
              [log in to unmask] 
  Full help Desk - please email [log in to unmask] describing your needs 
        To receive these emails in HTML format send the command: 
         SET data-protection HTML to [log in to unmask] 
   (all commands go to [log in to unmask] not the list please) 
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

 


 

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)




Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)