Part 2Children’s services in England
F1Continuity of information for safeguarding and welfare purposes
16LADuty to share information
(1)
This section applies where a person to whom subsection (4) applies (“the relevant person”)—
(a)
holds information about a child or information about another individual that relates to the child, and
(b)
considers that the information is relevant to safeguarding or promoting the welfare of the child.
(2)
The relevant person must ensure that the information is disclosed to another person to whom subsection (4) applies (“the recipient”) if and only so far as the relevant person considers that the disclosure may facilitate—
(a)
where the recipient is within subsection (4)(a) or (b), the exercise by the recipient of any of its relevant functions, or
(b)
where the recipient is within subsection (4)(c), the provision of services by the recipient pursuant to arrangements made by a person within subsection (4)(a) or (b) in connection with the exercise of any of that person’s relevant functions.
(3)
But the duty imposed by subsection (2) does not apply if the relevant person considers that the disclosure would be more detrimental to the child than not disclosing the information.
(4)
This subsection applies to—
(a)
a person listed in section 11(1) (persons and bodies under a duty to make arrangements to safeguard and promote welfare),
(b)
a person who is a designated childcare or education agency for the purposes of section 16E (local arrangements for safeguarding and promoting welfare of children), and
(c)
a person who provides services pursuant to arrangements made by a person within paragraph (a) or (b) in connection with the exercise of any of that person’s relevant functions.
(5)
The duty imposed by subsection (2) (as qualified by subsection (3)) also applies where a relevant person receives a request for the information from another person to whom subsection (4) applies.
(6)
The relevant person must, in discharging any duty imposed on it by this section, have regard to guidance issued by the Secretary of State.
(7)
A disclosure of information under this section does not breach any obligation of confidence owed by the person making the disclosure.
(8)
This section does not permit the relevant person to do anything which is prohibited by Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(9)
In this section, “relevant function” means a function relating to safeguarding or promoting the welfare of children.