Confidentiality
Background
Cumberland SEND Information, Advice and Support Service (SEND IASS) is a statutory service that offers information, advice and support to children and young people with special educational needs and disabilities alongside or separate to their parent carers and parent carers individually (including all those with parental responsibility).
Everyone who uses the service is encouraged to share any information that will enable the team to respond effectively to their needs. This may range from basic data to quite detailed information about their situation.
The handling of information that parent carers, a child or young person provide to the service complies with the requirements of the Data Protection Act and is not shared with anyone outside of service unless:
- Permission has been given; or
- There are strong public interest concerns such as child protection.
Some service users want to share experiences, both positive and negative, or to discuss issues that are of concern to them. Others want to talk about their feelings, anxieties, fears, or grievances. SEND IAS services may be privy to information that is sensitive and personal.
The relationship between a service user and a SEND IAS service is one of trust. Unless the information given suggests that a child may be at risk of harm, conversations between a service user and SEND IAS services should remain confidential, if this is their wish.
Where there are issues that need to be brought to the attention of the relevant staff within the Local Authority or professionals from other agencies, the service will do so in a way that protects the service user's anonymity, unless they have given the service permission to identify them.
Data Collection and Record Keeping
When a referral is generated, any information gathered by the team will remain confidential to the service unless the service user gives permission for it to be shared with others.
Where necessary, basic notes of discussions between the team and service users may be kept on file. These could include concerns or issues raised and the action taken. In the event of these notes being requested by service users under a Subject Access Request, the service manager will send the requested notes directly to them.
Discussion notes and other relevant information are stored electronically in a password protected computer network.
Only with service user's permission will the team liaise with SEND officers and other professionals, as it is recognised that cooperation and co-production can often result in more positive outcomes.
Only with service users’ permission will the team request access to information held by SEND officers or pass on information to SEND officers.
The SEND IAS service strictly adheres to Cumberland Information Security Policy. Access to the database is covered by the Data Protection Act and the council's policy on data protection.
Information may be used to generate statistics about service performance. Information will not be used in such a way that individual parent carers, children or families can be identified.
If the SEND IAS service receives a request for information from local authority officers for legal reasons, for example judicial review, this will be considered by the service manager. They may, with the permission of the child, young person, or parent carer, direct that the relevant information be extracted from the file and sent to the relevant officer, with a copy to the parent carers.
SEND IAS service records will be kept in accordance with the Cumberland Council main corporate retention and disposal policy. The only exception to confidentiality is regarding information, which leads the SEND IAS service to believe a child or person is at risk. SEND IAS services have a legal obligation to pass on concerns regarding child protection and any safeguarding concern.