2.3 Discuss situations when confidentiality protocols must be breached

This guide will help you answer 2.3 Discuss situations when confidentiality protocols must be breached.

In education, confidentiality means keeping shared information private and secure. Staff must follow set protocols for managing sensitive details about children, young people and adults. A protocol is a formal set of procedures that explains how information should be collected, stored, accessed and, if necessary, shared.

Although the default position is to protect privacy, there are times when keeping information entirely confidential would put someone at risk. In such cases, staff must follow safeguarding laws and breach confidentiality. This is not optional and is done to protect welfare and safety.

Reasons for Breaching Confidentiality

Breaching confidentiality should only happen under clear circumstances. These situations are usually linked to safeguarding, criminal activity or health emergencies. They include:

• Risk of significant harm to a child, young person or adult
• Suspected or confirmed abuse (physical, emotional, sexual, or neglect)
• Risk of self-harm or suicide
• Disclosures about serious criminal behaviour
• Concerns about radicalisation or exploitation
• Medical emergencies where sharing information is needed for treatment
• Legal requirements such as court orders or police investigations

Safeguarding Responsibilities

Safeguarding is the legal duty to protect the health, safety and wellbeing of children and vulnerable adults. UK law requires all education staff to act if they believe someone is at risk. This involves passing on relevant details to a designated safeguarding lead or external agency such as social services or the police.

For example:
If a pupil says that they are being sexually abused, keeping this private would leave them unprotected. A breach of confidentiality must occur to report the abuse to designated safeguarding staff, who will involve appropriate authorities.

Reporting Abuse and Neglect

When abuse or neglect is suspected or disclosed, the education setting’s child protection policy will outline exact steps. Breaching confidentiality in these cases means:

• Recording the disclosure accurately
• Informing the designated safeguarding lead without delay
• Never confronting the alleged perpetrator directly
• Avoiding discussion with anyone not involved in dealing with the case

The purpose is to ensure that specialist staff and legal services take over, giving the person the support and protection they need.

Risk of Suicide or Self-Harm

If a young person reveals thoughts of suicide or self-harm, staff must treat this as an urgent safeguarding matter. Confidentiality cannot be maintained when there is an immediate danger to life. Information is shared with pastoral teams, mental health services or emergency responders to arrange safe intervention.

An example:
A 15-year-old says they have a plan to harm themselves. Even if they ask the teacher to “keep it a secret”, the teacher is required to breach confidentiality by alerting safeguarding leads or calling emergency services if needed.

Serious Criminal Behaviour

Disclosures about serious crimes may require breaking confidentiality. This could involve weapon possession, drug dealing, assault or planned criminal activity. Such information must be passed to the police or relevant authority, depending on the nature of the disclosure, to protect others and meet legal obligations.

Medical Emergencies

In certain medical emergencies, sharing private information quickly can be lifesaving. For example, if a child collapses and health staff need their medical history to treat them safely, staff can share relevant medical notes with paramedics or hospital staff without waiting for consent.

Legal Orders and Investigations

If a court order demands the release of records, staff must comply. Legal requests can overrule standard confidentiality agreements. This might involve giving witness statements, school records or attendance reports to the court.

It is important to follow policies carefully, keeping the breach limited to the information requested and ensuring records of what was shared are maintained.

How to Manage a Breach of Confidentiality

Even when breaking confidentiality is necessary, it should be done in a controlled, recorded and professional manner. Staff should:

• Breach only the level of confidentiality needed to protect safety or meet legal obligations
• Share information only with authorised individuals
• Record what information was shared, with whom, when and why
• Let the person know as soon as appropriate that the information has been passed on, explaining why it was necessary

Communicating with the Person Involved

Although breaching confidentiality can cause upset or worry, being open about the reasons is important. Staff should reassure the person that sharing was to protect them or others, not to punish or judge them.

Example conversation:
“I need to pass on what you told me to the safeguarding team because I’m worried about your safety. They can help make sure you are supported and protected.”

This helps maintain a sense of trust even when a protocol is breached.

Examples from a School Setting

Example 1:
A teaching assistant hears a pupil telling a friend about not eating for three days because their parents are not providing meals. The assistant reports this to the safeguarding lead, breaching confidentiality to protect the child from possible neglect.

Example 2:
A student discloses that they have been threatened with violence by a gang member. Staff pass the information to the police while following the school’s safety procedures, breaching confidentiality to prevent harm.

Example 3:
A parent tells a teacher confidentially that they have a serious illness that might affect their child’s care. The teacher shares this with pastoral and medical staff to arrange appropriate support.

Final Thoughts

Breaching confidentiality is never done lightly. It happens only when there is a clear reason linked to safety, welfare, legal obligations or urgent medical needs. In these cases, staff are protecting lives and complying with the law.

By acting quickly and professionally during these situations, education staff prevent harm and support those in crisis. The person sharing information may feel unsettled at first, but timely action can lead to help, safety and long-term trust in the school’s commitment to their care.