Children's Safeguards Service
Confidentiality Policy
Kingsnorth Little Stars
See Appendix C for access to personal records.
4
Statement
Kingsnorth Little Stars Confidentiality policy has been developed in accordance with the
principles of the Human Rights Act 1998, The Data Protection Act 1998, the Freedom of
Information Act 2000, Crime and Disorder Act 1998 S17, Children Act 1989 S17 and 47,
Children Act 2004 S10, 11 and 12 and the welfare regulations required by Section 40 of the
Child Care Act 2006. This policy needs to be read in conjunction with the settings Child
Protection and Allegation policy.
As part of the ethos of our setting we take seriously our responsibility to ensure the
protection, health, safety and well being of both the children and young people entrusted to
our care. We expect our staff to comply with this confidentiality policy and will treat breaches
of confidentiality as a serious matter.
The member of staff who is responsible for implementation, monitoring and review of the
confidentiality policy in the setting is Abigail Packham.
Rationale and statement on the importance of confidentiality:
At Kingsnorth Little Stars we believe that:
 The safety, wellbeing and protection of the children in our setting are of paramount
consideration in all decisions staff at this setting make about confidentiality. The
appropriate sharing of information between setting staff is an essential element of
ensuring the well being of children and young people in our care.
 It is an essential part of the ethos of our setting that there is a clear and explicit policy on
confidentiality so that children, young people, parents/carers and staff are able to seek
help both within and outside the setting and the number of situations are minimised when
personal information is shared to ensure pupils and staff are supported and safe.
 Parents/carers, children, young people and staff need to know the boundaries of
confidentiality in order to feel safe and comfortable in discussing personal issues.
 The settings attitude to confidentiality is open and easily understood and everyone should
be able to trust the boundaries of confidentiality operating within the setting.
 Everyone in the setting needs to know that no one can offer absolute confidentiality.
 The setting at all times puts the safety and welfare of the child first and any issue will be
referred to the setting’s designated person for child protection if necessary. The name of
the designated person is Emma Wheal.
See Appendix C for access to personal records.
5
Definition of Confidentiality:
For the purpose of this policy the following definition of confidentiality will apply:
“Discretion in keeping private information”
We aim to ensure in this setting that all parents and carers can share their information in the
confidence that it will only be used to enhance the welfare of their children. The general rule
in this setting is that staff should make clear that there are limits to confidentiality at the
beginning of the conversation. These limits relate to ensuring children’s safety and well being.
Staff, visitors and volunteers responsibilities:
 All people working with children or young people in this setting will:
 Ensure that the interest of the child is paramount.
 At the outset inform child/parents/carers that they cannot offer complete confidentiality in
circumstances when they are concerns for the child or other children or parents or staff
member.
 Will explain to the child/parent/carer as appropriate at the outset openly and honestly
what and how information will or could be shared and why and seek their agreement the
Exception being when to do so would place the child, young person or others at increased
risk of significant harm or an adult at risk of serious harm or if it would undermine the
prevention detection or prosecution of a serious crime including where seeking consent
might lead to interference with a potential investigation.
 Will ensure that the information they share is accurate and up to date and necessary for
the purpose for which they are sharing it, shared only with those people who need to see it
and shared securely.
 Unless s/he is already known a phone call received from professional seeking information
must be verified before information is divulged by calling them back on an organisation
telephone number and not a mobile phone.
 Inform any child/parent/carer/staff member when they have inadvertently made a
disclosure that they may need to share the information with the designated child
protection person who is Emma Wheal.
 At all times abide by the setting’s child protection policy.
See Appendix C for access to personal records.
6
 Be duty bound to act appropriately upon information not directly given to them and
consult with the designated child protection person in the setting.
 Where there are areas of doubt about the sharing of information seek a consultation with
your local KCC children’s safeguard service Area Children’s Officer who is Peter Lewer.
Ground rules in the setting for Carers/ parents/ staff and children
In order to create the right sort of learning environment and to help safeguard people’s rights
to confidentiality the setting believes it is best to establish a clear set of ground rules to work
within whilst at the setting. Ground rules will enable sensitive or controversial issues to be
explored in a way that can minimise the risks of inappropriate disclosures being made.
Example of ground rules include:
 We will respect each other and not laugh, tease or hurt others.
 Listen to views and opinion.
 If we find our things about other children/ staff/parents which are personal and private we
won’t talk about it unless a child, adult young person is at risk of significant harm.
 If we are worried about someone else’s safety we will then talk to the setting’s designated
person.
When confidentiality should be broken and procedures for doing this
See the child protection policy and if you are still concerned and unsure of whether the
information should be passed on or other action taken you should speak to Peter Lewer (Area
Children’s Officer). (See Appendix B)
Children’s records:
We keep two kinds of records on children attending our setting:
1. Developmental records
These include observations of children in the setting, samples of their work, summary
developmental reports and records of their achievements.
They can be accessed and contributed to by staff, the child and the child’s parents/carers.
2. Personal records
These include registration and admission forms, signed consents and correspondence
concerning the child or family, reports or minutes concerning the child from other agencies,
See Appendix C for access to personal records.
7
an ongoing record of relevant contact with parents and observations by staff on any
confidential matter involving the child such as developmental concerns or child protection
welfare/ matters.
These confidential records are stored in a lockable filing cabinet in the office and are kept
secure by the person in charge.
Parents have access in accordance with the access to records procedure to the files and
records of their own children but do not have access to information about any other child.
Parents do not, however, have an automatic right of access to child protection records.
(See Appendix C).
Staff will not discuss personal information given by parents with other members of staff
except where it affects planning for the child’s needs. Staff induction includes an awareness
of the importance of confidentiality in the role of the key person.
Other records:
Issues to do with the employment of staff, whether paid or unpaid will remain confidential to
the person directly involved with making personnel decisions which in our setting is Abigail
Packham.
Students and volunteers who are working or observing in the setting are advised of our
confidentiality policy and required to respect it.
Monitoring and Review:
All setting personnel and visiting staff will have access to a copy of this policy and will have the
opportunity to consider and discuss the contents.
This policy has been written in July 2015 to reflect the new guidance and legislation issued in
relation to safeguarding children and promoting their welfare.
This policy forms part of our setting development plan and will be reviewed annually.
All staff should have access to this policy and sign to the effect that they have read and
understood its contents.
This Policy has been read and understood by the following members of staff:
Signed ............................................
.......................... Print Name
Signed ............................................
.......................... Print Name
See Appendix C for access to personal records.
8
Signed ............................................
.......................... Print Name
Signed ............................................
.......................... Print Name
Signed ............................................
.......................... Print Name
Signed ............................................
.......................... Print Name
Signed ............................................
.......................... Print Name
Signed ............................................
.......................... Print Name
Signed ............................................
.......................... Print Name
Signed ............................................
.......................... Print Name
Signed ............................................
.......................... Print Name
Dated: ............................................
See Appendix C for access to personal records.
Date Policy to be reviewed : July 2016
9
Appendix A
Human Rights Act 1998:
Gives everyone the right to “respect for his private and family life, his home and
his correspondence”, unless this is overridden by the “public interest”, eg for
reasons of Child Protection, for the protection of public safety, public order,
health or morals or for the rights and freedoms of others.
Data Protection Act 1998:
Applies to personal data of living, identifiable individuals, not anonymised data in
manual and electronic records. Settings need to be clear, when collecting
personal data, what purposes it will be used for and schools should have policies
to clarify this to staff, pupils and parents. Organisations who process personal
data must comply with the 8 data protection principles laid down in the Act. See
www.ecm.gov.uk/information sharing.
Freedom of Information Act 2000:
Amends the Data Protection Act. Gives everyone the right to request any records
from a public body, including ssttings, holds about them. A setting may withhold
information it has if it is considered the information may damage the recipient, if
disclosed. Settings data or record keeping policy should also cover the
requirements of this Act.
Appendix B
Flowchart of key principles for information sharing
You are asked to or wish to share information
Yes
Is there a legitimate purpose for sharing
information?
Does the information enable a person to be
identified?
No
No
Yes
Is the information confidential?
No
Yes
Do you have consent?
Yes
Yes
You can
share
No
Do you have a statutory obligation or court
order to share?
No
Is there sufficient public interest to share?
Yes
No
Share Information

Identify how much information to share.

Distinguish fact from opinion.

Ensure that you are giving the information to the right person.

Inform the person that the information has been shared if they were now aware of this and if
it would not create or increase risk of harm.
Record the information sharing decision and your reasons, in line with your agency’s procedures
or local protocols.
Do not
share
Appendix C
Access to Personal Records
Parents may request access to any records held on their child and family following
the procedure below.
Any request to see the child’s personal file by a parent or person with parental
responsibility must be made in writing to the Company Director who then sends a
written acknowledgement.
The setting commits to providing access within 40 days – although this may be
extended.
The Company Director will prepare the file for viewing. If the Company Director
declines an application, reasons will be provided i.e. where the application must
be balanced against the public interest in disclosure.
All third parties are written to, stating that a request for disclosure has been
received and asking for their permission to disclose to the person requesting it. A
copy of these letters is retained on the file.
“Third Parties” include all family members who may be referred to in the records.
It also includes workers from any other agency, including Social Services, the
Health Authority etc. (It is usual for agencies to refuse consent to disclose,
preferring the individual to go directly to them).
When all the consents/refusals to disclose have been reviewed these are attached
to the copy of the request letter.
A photocopy of the complete file is taken.
The Manager will go through the file and remove any information which a third
party has refused consent to disclose. This is best done with a thick black marker,
to score through every reference to the third party and any information they have
added to the file and any information relating to another child.
What remains is the information recorded by the setting, detailing the work
initiated and followed by them in relation to confidential matters. This is called
the “clean copy”.
The clean copy is photocopied for the parents who are then invited in to discuss
the contents. The file should never be given straight over, but should be gone
through by the Manager, so that it can be explained.
Legal advice may be sought before sharing a file, especially where the parent has
possible grounds for litigation against the setting or another (third party) agency.
All the undertakings above are subject to the paramount commitment of the
setting, which is to the safety and well being of the child. Please see also our
policy on child protection.
Signed on behalf of the Company
Date
Print Name
Date of review
Appendix D
Appendix 1
Fraser Guidelines
The case of Gillick v West Norfolk and Wisbeach Area Health Authority in 1985
settled the legal position for those working with children aged under 16 years old.
During the Gillick case Lord Fraser stated that young people could receive advice
or treatment without parental consent, but that key factors should be taken into
account when assessing the young person’s maturity to give consent. These are
now referred to as the Fraser Guidelines.
The Fraser Guidelines:
1. The young person understands the advice being given.
2. The young person cannot be convinced to involve parents/carers or allow
the medical practitioner to do so on their behalf.
3. It is likely that the young person will begin or continue having intercourse
with or without treatment/contraception.
4. Unless he or she receives treatment/contraception their physical or mental
health (or both) is likely to suffer.
5. The young person’s best interests require contraceptive advice, treatment
or supplies to be given without parental consent.
The 1985 Fraser guidelines identified doctors as key to this process, but it now
accepted practice that the guidelines extend to other health care professionals.
Appendix 2
Caldicott Principles
The Caldicott report was developed in 1977 and made recommendations relating
to patient confidentiality. The Caldicott Report set out six key principles that
health and social care organisations should use when reviewing its use of client
information and the handling of client data.
Principle 1: Justify the purpose(s)
Every proposed use of transfer of personally identifiable information within or
from an organisation should be clearly defined and scrutinised, with continuing
uses regularly reviewed by the appropriate guardian.
Principle 2: Do not use personally identifiable information unless it is absolutely
necessary
Where the use of personally identifiable information is considered to be essential,
each individual item of information should be justified with the aim of reducing
the ability to identify a person.
Principle 4: Access to personally identifiable information should be on a strict
need to know basis
Only those individuals who need access to personally identifiable information
should have access to it.
Principle 5: Everyone should be aware of their responsibilities
Action should be taken to ensure that those handling personally identifiable
information are aware of their responsibilities and obligations to respect
patient/client confidentiality.
Principle 6: Understand and comply with the law
Every use of personally identifiable information muse be lawful. Someone in each
organisation should be responsible for ensuring that the organisation complies
with legal requirements.
Appendix E:
To share or not to share?
Scenarios
Scenario 1- Wayne
Wayne is 4 yrs old and he has been attending your setting for 3 mths. Over the
last two weeks he has become increasingly quiet and withdrawn and you have
noticed a number of recurring bruise on his arms and face on previous occasions
and what looks like a cigarette burn on his hand today. His mum insists that
everything is fine when you have spoken to her on previous occasions about the
bruises and that Wayne had fallen over whilst riding his bike.
Do you share the information you have with your DCP and other relevant
professionals?
Notes: the staff member should share information about Wayne even without
consent. In this case sharing confidential information without consent can be
justified in the public interest as there is reasonable cause to believe that Wayne
may be suffering or at risk of significant harm. The need to keep Wayne safe must
override the lack of consent.
Scenario 2-Yasmin
Yasmin is 3 and attends your setting where her mum picks her up each day. You
are a support worker at the nursery and always stand with the children as their
parents pick them up. Yasmin’s mum has been chatting openly with you and
other parents about her concerns. She is worried that Yasmin is not sleeping or
eating properly at home and doesn’t seem to talk much.
Do you share the information you have with your DCP and other relevant
professionals?
The staff member can share information about Yasmin. It would be good practice
to discuss the issue with Yasmin’s mum before proceeding, explaining what you
would like to share, with whom and why, and seeking to gain her consent,
however this information is not confidential. Though it may be sensitive, it is
widely known and was shared in a way that implies that the mother did not
intend to it to be confidential.