Some members of society are recognised as needing protection, for example children and vulnerable adults.
If a person is identified as being at risk from harm, we are expected as professionals to do what we can to protect them. In addition we are bound by certain specific laws that exist to protect individuals. This is called “Safeguarding”.
Where there is a suspected or actual safeguarding, issue we will share information that we hold with other relevant agencies whether or not the individual or their representative agrees.
There are three laws that allow us to do this without relying on the individual or their representatives agreement (unconsented processing), these are:
- Section 47 of The Children Act 1989
- Section 29 of Data Protection Act (prevention of crime)
- Section 45 of the Care Act 2014
In addition there are circumstances when we will seek the agreement (consented processing) of the individual or their representative to share information with local child protection services, the relevant law being; Section 17 Childrens Act 1989