Guidance | Information Sharing Duty Statutory Guidance (September 2026)
Introduction
The
Information Sharing Duty Statutory Guidance was issued following the
introduction of the new information sharing duty within Section 16LA of the
Children's Wellbeing and Schools Act 2026, which amended the Children Act 2004.
The guidance has been produced to address a long-standing problem identified by
safeguarding practitioners: uncertainty about when information can legally and
appropriately be shared to safeguard and promote the welfare of children.
For
many years, safeguarding reviews repeatedly identified poor information sharing
in many cases where children experienced significant harm. Practitioners often
felt constrained by concerns about confidentiality, consent, data protection
legislation, or uncertainty about thresholds for intervention.
This
guidance seeks to remove those barriers by creating a clear expectation that
relevant information should be shared when doing so may help another agency
assess need, identify risk, provide support, or take action to safeguard a
child.
It
makes clear that safeguarding is not solely about protecting children from immediate
harm. It also includes promoting welfare, identifying unmet needs, preventing
escalation of concerns, and ensuring children receive support at the earliest
opportunity. The guidance therefore represents a significant cultural shift
from a system often focused on whether information can be shared to one
focused on whether information should be shared to help a child.
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Context and Background
A
recurring challenge within safeguarding practice has been the misconception
that information sharing is only appropriate when a child has reached a formal
threshold, such as requiring a Section 17 Child in Need assessment or Section
47 child protection investigation. The guidance explicitly rejects this approach.
The
Government recognised that practitioners were often uncertain whether concerns
relating to emerging needs, early help, welfare, family difficulties, emotional
wellbeing or vulnerability justified the sharing of information. This
uncertainty frequently resulted in information remaining within individual
agencies, preventing professionals from seeing the full picture of a child's
circumstances. The new duty addresses this issue by establishing that no
specific threshold must be met before information sharing can occur. If
information is relevant to safeguarding and promoting welfare and may assist
another agency's functions, it should be shared.
The
duty comes into force on 30th September 2026 and applies
prospectively rather than retrospectively, although organisations may choose to
share previously held information where ongoing concerns exist.
Who is the guidance for?
The
guidance applies to a broad range of organisations that have statutory
safeguarding responsibilities. These include local authorities, police forces,
Integrated Care Boards, NHS Trusts, probation services, prison services, Youth
Justice Services, youth custody providers, schools, colleges, childcare providers,
GP practices, dentists and other commissioned health providers. It also applies
to organisations delivering safeguarding-related services on behalf of those
agencies.
Although
the legal duty applies specifically to these organisations, the guidance notes
that other agencies may find it useful in understanding safeguarding
expectations and good practice.
Chapter 1: The Information Sharing Duty
Chapter
1 establishes the legal framework of the new duty. It explains when the duty
applies, the circumstances in which information must be shared, the limited
exceptions to sharing, and how practitioners should make decisions about
relevance and risk.
The
chapter begins by emphasising that effective information sharing is central to
safeguarding and promoting welfare. Practitioners working in different
organisations often possess small pieces of information that may not appear
concerning in isolation. When combined, however, these pieces may reveal
significant risk, unmet need, exploitation, neglect, abuse, or family
difficulties. The absence of information sharing can therefore prevent early
intervention and lead to missed opportunities to protect children.
When
the Duty Applies
The
duty applies where a practitioner or organisation holds information about a
child, or information about another individual connected to a child, and
believes the information is relevant to that child's safety or welfare. It also
applies when another relevant agency requests information. Importantly, the
information does not need to relate to serious harm or child protection
concerns. It may relate to welfare, early support, prevention, attendance
issues, emerging vulnerabilities, family stress, or unmet needs.
The
chapter repeatedly reinforces a critical message: practitioners no longer need
to ask whether a child meets a specific safeguarding threshold before sharing
information. If sharing may assist another organisation in fulfilling its
safeguarding duties, information should be disclosed.
The
Detriment Exception
One
of the most important sections concerns the limited circumstances in which
information does not have to be shared. The duty may be disapplied only where a
practitioner believes sharing would be more detrimental to the child than not
sharing the information.
The
guidance stresses that this will be rare. Examples include situations where
disclosure would place a child at immediate risk of harm, compromise a police
investigation in a way that creates greater risk to children, or breach
restrictions imposed by the Family Court. Practitioners are expected to
carefully justify and record such decisions.
The
guidance is equally clear about what does not constitute detriment. Lack
of consent parental objections, practitioner anxiety, fear of complaints,
discomfort with sharing, or uncertainty about data protection are not valid
reasons to withhold information.
Anti-Discriminatory
Practice
The
chapter concludes by emphasising that all safeguarding decisions should be made
through anti-racist, anti-discriminatory and culturally informed practice.
Practitioners should be aware of cultural, faith and family contexts whilst
ensuring that a child's safety and wellbeing remain the overriding consideration.
Chapter 2: Understanding what to share
Chapter
2 explores the nature of relevant information and explains why agencies should
not underestimate the importance of information they hold. It emphasises the
value of combining information from different sources to build a fuller
understanding of a child's circumstances.
Building
the bigger picture
A
central theme throughout the chapter is that safeguarding concerns often emerge
gradually. A school may notice deteriorating attendance; a GP may become
concerned about parental mental health; police may have intelligence relating
to domestic abuse; and housing services may be aware of instability within the
family home. Individually, these concerns may not appear serious. Together,
they may indicate escalating risk. The duty is intended to facilitate these
connections being made earlier.
Information
about others connected to the child
A
significant feature of the guidance is that it extends beyond information
directly relating to the child. Agencies are expected to consider information
about any adult or peer connected to the child where that information may
affect the child's safety or welfare.
This
includes concerns such as substance misuse, mental ill health, domestic abuse,
coercive relationships, imprisonment, criminal exploitation, organised crime,
radicalisation, violence, or sexual offending. Information regarding siblings,
peers and friendship groups may also be relevant where it contributes to
understanding risks faced by the child.
The
guidance explicitly confirms that relevant information about another individual
must be shared where it may assist safeguarding professionals in understanding
a child's circumstances.
Children
who present a risk to others
The
chapter also addresses children who may present a risk to other children.
Practitioners are reminded that safeguarding responsibilities extend to all
children involved. Harmful sexual behaviour, exploitation of peers, violence or
other concerning behaviours should not be viewed solely through a disciplinary
lens. Instead, information should be shared so that all relevant agencies can
assess and respond appropriately.
Organisational
responsibilities
The
guidance distinguishes between what organisations MUST do and what they SHOULD
do.
Organisations
must share information when the legal criteria are met, respond appropriately
to requests for information, comply with data protection requirements, and
ensure systems are secure. They should also maintain records explaining
decisions to share or not share information and provide feedback where
appropriate to agencies supplying information.
Chapter 3: Misinterpreted Barriers to Information Sharing
Chapter
3 directly addresses some of the most common misconceptions that inhibit
information sharing. It focuses on data protection, consent, confidentiality,
and human rights considerations.
Data
Protection
Perhaps
the strongest message within the entire guidance is that data protection
legislation is not a barrier to safeguarding. The guidance clearly states that
the UK GDPR and the Data Protection Act 2018 provide a framework for the lawful
sharing of information rather than a prohibition on sharing.
The
duty itself may provide a lawful basis under the "legal obligation"
provisions of Article 6 UK GDPR. Public task and legitimate interests may also
be applicable depending on the organisation involved. Sensitive information,
including health information and criminal offence data, can be shared where
appropriate legal conditions are satisfied.
Consent
The
chapter spends considerable time addressing consent because this is one o the
most misunderstood areas of safeguarding practice.
The
guidance is unequivocal that consent is generally not required for safeguarding
information sharing. Practitioners frequently confuse consent to share
information with consent to receive services or treatment. These are separate
concepts. A family may refuse a service, yet information can still be shared
where safeguarding and welfare considerations require it.
The
guidance warns against asking for consent when practitioners already know
information will be shared regardless of the answer, as this may falsely imply
that the individual has a choice in the matter. Instead, professionals should
focus on transparency and explain what information is being shared and why.
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Transparency
Although
consent is not required, the guidance strongly promotes transparency wherever
it is safe and appropriate to do so. Families should generally be informed
about information sharing decisions, the reasons for sharing, and the
organisations involved. However, transparency should never place a child at
increased risk. Professional judgement remains essential.
Confidentiality
Historically,
practitioners often relied on public interest arguments to justify sharing
confidential information. The new duty simplifies matters. If the statutory
criteria are met and data protection requirements are satisfied, confidential
information can be shared without seeking consent and without undertaking
complex public interest balancing exercises. This is intended to give
practitioners greater confidence when sharing necessary safeguarding
information.
Chapter 4: Practical Application and Information Flows
Chapter
4 focuses on implementing the duty operationally within safeguarding
partnerships. It examines how information should move between agencies and the
importance of agreed local processes.
The
chapter stresses that safeguarding arrangements should support efficient
information haring, particularly within Family Help, Integrated Front Doors,
Multi-Agency Safeguarding Hubs (MASH), and Multi-Agency Child Protection Teams.
Agencies should not rely solely on formal referrals but should develop routine
information-sharing mechanisms that facilitate ongoing collaboration.
Information
sharing should be viewed as an active dialogue between organisations rather than
a one-off transaction. Effective safeguarding relies on practitioners sharing
information, discussing concerns, receiving feedback and developing a joint
understanding of risk and need.
Chapter 5: Information Sharing in other Circumstances
The
final chapter deals with specific situations where information sharing remains
particularly important, including cross-border working, pregnancy, transitions
to adulthood and sharing beyond agencies covered by the duty.
The
guidance recognises that safeguarding concerns do not begin at birth and do not
suddenly disappear when a child turns eighteen. Information sharing should
therefore support continuity of assessment and intervention during key
transition points. Agencies should ensure that information is transferred
appropriately when children move areas, move schools, transition between
services or approach adulthood.
The
chapter also recognises the importance of safeguarding unborn children. Professionals
should not delay information sharing until a child is born where concerns are
already evident during pregnancy. Early planning and coordinated intervention
remain essential.
Overall Safeguarding Impact
The
most significant change introduced by this guidance is the creation of a
statutory expectation that agencies share information whenever it may help
safeguard or promote a child's welfare. It shifts safeguarding practice away
from risk-averse decision making about confidentiality and towards proactive
collaboration.
For
Designated Safeguarding Leads, social workers, health professionals, police
officers, early years practitioners and safeguarding managers, the practical
message is simple:
The question is no longer "Am I allowed to share this
information?" but rather "Could this information help another
professional understand, support or protect a child?" If the answer is
yes, the expectation is that the information will usually be shared.
Resources
Working Together
to Safeguard Children
Keeping Children
Safe in Education
Early Years Statutory
Framework
Children's
Social Care National Framework
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