Confidentialty

Confidentiality is important when dealing with safeguarding concerns. It refers to how we treat somebody’s personal information, respecting their rights and keeping them safe by only sharing information with the people who need to know at the time they need to know it.  

Getting this right is vital. Sharing information inappropriately could put someone at greater risk and in some cases may be against Data Protection law

On the other hand, not sharing information with the relevant safeguarding professionals could stop someone getting the protection they need, could leave others at risk of harm, and in some cases may be against mandatory reporting and safeguarding laws. Our priority must always be keeping vulnerable groups safe. 

Your safeguarding policy should state clearly what the boundaries of confidentiality are in your organisation and the correct routes for referring concerns – that anyone who has a safeguarding concern should pass this on to the Safeguarding Lead, and when your Safeguarding Lead will need to refer safeguarding concerns externally. This should also be covered in safeguarding training, codes of conduct for workers and in other forums where safeguarding is discussed.  

It is also best practice to explain the boundaries of confidentiality when someone starts to share a concern, in a sensitive way appropriate to their age and level of understanding. For example, ‘Just so you know, depending on what you tell me, I may need to pass this on to ...  so that you or someone else can be kept safe.’ 

If someone shares information with you about a risk of significant harm to a baby, child, young person, or adult at risk, it should be explained to the person sharing that information that the statutory agencies may need to be advised. Any proposed action should be explained carefully and sensitively with the offer of continued support. 

Who not to tell 

Knowing who not to share concerns with is just as important as knowing who you should share them with. 

If you have any concerns about harm and abuse you should not tell: 

• A child's parents/carers until after you have been advised to by the relevant statutory authorities. This is to prevent any immediate action being taken by the parents/carers which could put the child at greater risk or negatively impact on an investigation by statutory agencies. Anyone implicated in an allegation or report.  This is to protect victim-survivors, prevent (further) harm and preserve any evidence. 
• The wider community, including other workers who are not part of the safeguarding process. If you think there is another person in your community who needs to know about a concern, always seek advice before sharing confidential information. 
• For adults, you may need the person’s consent before sharing a safeguarding concern about them with statutory agencies. Seek advice from your Safeguarding Lead. If you are the Safeguarding Lead, seek advice from safeguarding groups or the agencies directly, such as children’s services or the police.