1.7 Analyse issues relating to consent to share information and own responsibilities to share information about suspicions or disclosures of abuse or neglect

This guide will help you answer 1.7 Analyse issues relating to consent to share information and own responsibilities to share information about suspicions or disclosures of abuse or neglect.

Consent means gaining permission before sharing someone’s personal information. In care, this is about asking the person, or their representative, before passing details on to others. The Mental Capacity Act 2005 says everyone over 16 should be presumed to have capacity, which means they can make decisions about their own data unless proven otherwise.

When working in leadership or management in adult care, you must balance respecting people’s privacy with the need to protect them from harm. Consent must always be specific, informed, and given freely. For consent to be valid, the person must:

• Understand why the information is needed
• Know what will be shared
• Be aware of who will see it
• Understand how it will be used
• Be told of any risks involved

If a person gives consent, record this clearly. Use care records or digital systems to show who gave consent, when, and for what purpose.

Types of Consent

You may come across different types of consent:

Explicit consent: The person states clearly, either verbally or in writing, that information can be shared.

Implied consent: Consent is suggested by the person’s actions, such as allowing a care worker to talk to their GP about a prescription.

Written consent: A signed document confirms permission to share information.

Written and explicit consent give the strongest legal protection. Implied consent is riskier. Where possible, use written consent for anything sensitive.

When Consent Is Needed

Sharing information usually needs consent, especially if it is:

• Personal details (name, address, date of birth)
• Medical records
• Details of care plans
• Notes on a person’s health or behaviour

You need to keep the person’s dignity, privacy, and rights at the centre of every decision.

When You May Not Need Consent

There are times when information must be shared, even without consent. The Data Protection Act 2018 and the Care Act 2014 allow or require this where:

• A person is at risk of harm
• A crime has, or may be, committed
• Sharing is needed for safeguarding
• The person lacks capacity and sharing is in their best interests

If you need to share data without consent, record:

• Why you shared it
• Who you shared it with
• What information was shared
• Why consent was not gained

Always follow your organisation’s procedures. Consult policies or your line manager if unsure.

What If Someone Refuses Consent?

If a person who has capacity refuses consent, you usually cannot share information. Yet, if life or safety is at risk, or the law says you must report a concern, you may need to override their wishes. This is a serious step and should not be taken lightly.

You may need to seek legal or managerial advice before acting. Document the steps you have taken and the reasons for your decisions.

Safeguarding and Sharing Information

Safeguarding means protecting people from abuse, harm, or neglect. The Care Act 2014 places a duty on care staff and managers to report concerns, even without consent. Abuse can include physical, emotional, sexual, financial, or organisational actions that hurt or exploit someone.

When you suspect or know there is abuse or neglect, act immediately. Key steps:

• Discuss with your line manager
• Follow your safeguarding policy
• Report the incident to the local authority if needed
• Contact police if there is immediate danger

Do not promise absolute confidentiality if someone discloses abuse. Make it clear you may need to pass information to keep them or others safe.

Whistleblowing

Whistleblowing is raising concerns about poor practice, dangerous situations, or abuse within your workplace. Adult care staff are protected by the Public Interest Disclosure Act 1998 if they report honestly, even if there turns out to be no abuse.

As a leader, support staff to come forward with concerns, and remind them of their duty to raise what they see or hear.

Balancing Rights: Confidentiality vs. Duty to Share

Confidentiality protects people’s privacy. Your first responsibility is to keep information secure and only share when needed. But, you have a legal and moral duty to report suspected abuse or neglect.

If you learn something in your role that points to a risk of harm, you cannot keep it to yourself. You must act in line with both legislation and your organisation’s safeguarding procedure.

Information Sharing – Legal Framework

Main laws involved:

Data Protection Act 2018: Sets rules for looking after and sharing information. It protects personal data and explains when sharing is allowed.

The General Data Protection Regulation (GDPR): An EU regulation now applied in the UK through the UK-GDPR, covering how information is collected, stored, and shared.

Mental Capacity Act 2005: Governs how to decide if someone can give their own consent.

Care Act 2014: Places duties on workers to report abuse and work with other agencies for safeguarding.

Human Rights Act 1998: Protects the right to privacy and family life.

These often overlap. Work within them to balance privacy with protection.

Professional Duties for Managers and Leaders

You play several key roles:

• Creating and applying clear policies for consent and safeguarding
• Training your team so that everyone knows how and when to share information
• Monitoring practice, reviewing records, and dealing with any incidents
• Making sure all staff know they must not ignore abuse, even if consent is not given
• Ensuring there are secure systems for storing and sharing information
• Confirming that disclosures are recorded and reported
• Leading by example to build a safe environment for people who use services

Common Challenges in Getting Consent

Sometimes, consent is hard to obtain:

• The person may lack capacity
• Communication barriers – language, hearing loss, mental health
• The person is afraid or being controlled by someone else
• There are concerns about repercussions if information is shared

Work to communicate clearly and involve advocates if needed. If someone lacks capacity, decide whether sharing is in their best interests. If you are unsure, seek guidance or legal advice.

Capacity and Best Interests

Capacity means the ability to make decisions. Where a person cannot consent, you must act in their best interests. To do this:

• Involve family, friends or advocates in decisions
• Only share information needed for the specific concern
• Keep a clear record of what you share and why
• Always follow the ‘least intrusive’ principle – share the minimum necessary

Record Keeping

Accurate records are crucial. Include:

• Whether the person was asked for consent
• What they were told
• What decision they made
• If consent was refused, the steps you took
• Details of any advice you sought
• What you shared, with whom, and why

Records help protect you, the person, and your organisation.

Multi-Agency Working

Abuse and neglect are often uncovered by working with others – nurses, police, social workers, GPs, housing officers. As a manager, you may be asked to share information legally with these partners.

You must know:

• What information each agency needs
• What must be kept confidential
• The legal powers and responsibilities of each partner

Multi-agency working often involves information sharing agreements or protocols. Check these before agreeing to share details.

Involving Individuals in Decisions

Respect the person’s wishes as far as possible. Keep them involved:

• Explain why information may need to be shared
• Offer support through advocates or family
• Give as much choice as possible
• Be honest if you must take action without consent

This builds trust and helps people feel respected and valued.

Ethical Considerations

Ethics means balancing right and wrong. In sharing information about abuse, weigh up:

• Privacy vs. protection from harm
• Duty to respect wishes vs. legal requirements
• Impact on the person’s wellbeing and rights

Where possible, talk decisions through with a peer or supervisor. Organisations may have ethics committees or support lines.

Preventing Unauthorised Sharing

Data breaches can damage trust and lead to penalties. Protect data by:

• Keeping files locked and passwords secure
• Only talking about individuals with staff who need to know
• Using secure systems for emails and messages
• Double-checking recipient details before sending
• Shredding paperwork, not throwing it in bins

Train your team and carry out regular checks.

Responding to Disclosures

If someone tells you about abuse or neglect, act sensitively:

• Listen, thank them, and believe them
• Explain what you must do next
• Do not ask probing questions – use open questions only
• Record what was said, using their words
• Follow the safeguarding procedure promptly

Do not promise to keep things secret if someone’s safety is at risk.

Improving Practice

Keep up to date through:

• Training on consent, capacity, and safeguarding
• Debriefs after safeguarding cases to identify lessons
• Reviewing and updating policies regularly
• Supporting staff with guidance and open discussion

Leader behaviour sets the tone. Give clear direction and expect high standards.

Final Thoughts

Consent and information sharing are two sides of the same coin. Your role is to support people’s rights, protect their privacy, and act to prevent harm. Sometimes this means making difficult decisions about when to share information.

By following best practice, you build a safe, respectful, and effective care environment. This keeps people protected and maintains high trust in your service.