Communication and professional relationships with children, young people and adults 2

Legislation and procedures covering confidentiality, data protection and the disclosure of information

The aims and objectives of confidentiality are to ensure that there are clear instructions of on the limits of information exchange and these guidelines are followed when passing on knowledge about pupils. Confidential information includes medical records, discussions, registers, statements, comments, carers, reports and opinions. Information is to be shared on a “need to know” basis, meaning that only the staff working closely with the child or giving special training are entitled to know certain information. This includes information about a child’s allergies, special educational needs or individual education plan. Sharing the information in the appropriate way also prevents it from being misused. The school policy on confidentiality provides sufficient guidelines for staff about the everyday practice of information sharing. The confidentiality policy has its legal roots in documents like Every Child Matters, the Children Act 2004 and the Data Protection Act 1998. According to these laws the school is only entitled to ask for information that is directly relevant to the education of the child. This information is considered confidential and must only be used for the purpose it was gathered for. It concerns health and medical information, records form previous schools and records for special educational needs.

Importance of reassuring children, young people and adults of the confidentiality of shared information and the limits of this

Although the school and its staff is bound by law to handle information about children in a confidential way and share it only with relevant and responsible people, pupils and adults have to reassured that sensitive information will not be misused. Children and parents will see that they can trust the teacher and teaching assistant with their confidential details, if the teaching staff are aware of the sensitivity of this information and the damage it can cause if it’s misused. They must never pass on information acquired at work in casual conversations within or outside school. When you are asked a question that concerns confidential information about a pupil and you are in doubt whether you should answer it, it is better to check with the line manager before saying anything. Also, even if you are a parent at the school as well as a member of the teaching staff, you are in a role of professional trust and not allowed to share information about other pupils in casual conversations with the other parents.

Situation when confidentiality protocols must be breached

As a teaching professional, you have to follow strictly the rules of confidentiality, as you are trusted with sensitive information about the pupils you teach. However, if a third individual confides in you that a child or young person in trouble you have to consider breaching confidentiality. These serious problems may include being harmed by somebody else, e.g. child abuse at home or bullying at school; or being at risk by self-abuse or suicidal intentions. Information of this nature cannot be kept confidential as the child’s life and health are more important than confidentiality principles. When being told about any case like this, you have to make it clear you cannot keep this confidential and have to inform your line manager and any relevant outside organisations (Child Protection, Police, etc.) immediately.