Welcome to the information sharing workshop
Download
1 / 53

Welcome to the Information Sharing Workshop - PowerPoint PPT Presentation


  • 122 Views
  • Updated On :

Welcome to the Information Sharing Workshop. NIGB would like to thank County Durham and Tees Valley Information Governance Leads Group who allowed us to adapt this workshop from their original workshop materials. National Information Governance Board www.nigb.nhs.uk

Related searches for Welcome to the Information Sharing Workshop

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Welcome to the Information Sharing Workshop' - miller


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Welcome to the information sharing workshop l.jpg
Welcome to the Information Sharing Workshop

NIGB would like to thank County Durham and Tees Valley Information Governance Leads Group who allowed us to adapt this workshop from their original workshop materials


Speakers l.jpg

National Information Governance Board

www.nigb.nhs.uk

Main Office Number 020 76337052

Speakers


Today is about l.jpg

…Sharing Information:

Safely

Legally and

Confidentially

Today is About…


What is information governance l.jpg

Information Governance (IG) is the overall framework of policies, procedures, standards and responsibilities for managing an organisation’s information assets. It covers all information in all formats (manual & electronic).

Main areas of Information Governance:

Managing information governance

Information/ records management

Information Quality assurance

Information Security

Legal compliance

Codes of Practice

FOI Act 2000

What is Information Governance?


What are the standards l.jpg

Information Quality Assurance policies, procedures, standards and responsibilities for managing an organisation’s information assets. It covers all information in all formats (manual & electronic).

Codes of Practice

Information Security Assurance

IG Toolkit

Records Management

Care Record Guarantees

Local Policies

Caldicott Report

What are the Standards?


Why is ig important l.jpg

helps all staff to manage information policies, procedures, standards and responsibilities for managing an organisation’s information assets. It covers all information in all formats (manual & electronic).

helps to ensure all staff comply with the law

helps staff to share information across organisations

can help to improve decision making

To meet obligations and responsibilities

Why is IG Important?


Slide7 l.jpg

IG ensures policies, procedures, standards and responsibilities for managing an organisation’s information assets. It covers all information in all formats (manual & electronic).personal information is dealt with legally, securely, ethically, efficiently and effectively and we can ensure the confidence of the individual

So…..


The legal context l.jpg

The Data Protection Act 1998 policies, procedures, standards and responsibilities for managing an organisation’s information assets. It covers all information in all formats (manual & electronic).

The Human Rights Act 1998

The Health and Social Care Act 2008

Common Law of Confidentiality

Administrative Law

FOI Act 2000

Other Legislation e.g.

Children Act, Mental Capacity Act, Gender recognition Act, Adoption Act.

The Legal Context


A duty of confidence l.jpg

A policies, procedures, standards and responsibilities for managing an organisation’s information assets. It covers all information in all formats (manual & electronic).duty of confidence arises when one person discloses information to another (e.g. individual to clinician, client to social worker) in circumstances where it is reasonable to expect that the information will be held in confidence or where it is obvious the information is confidential in nature.

The duty of confidence -

Is a legal obligation derived from case-law.

Is a requirement within professional codes of conduct.

Is included within many employment contracts as a specific requirement linked to disciplinary procedures.

A Duty of Confidence


The confidentiality model l.jpg

PROTECT policies, procedures, standards and responsibilities for managing an organisation’s information assets. It covers all information in all formats (manual & electronic).

IMPROVE

PROVIDE CHOICE

INFORM

The Confidentiality Model


An individuals information l.jpg

Procedures to ensure that all staff, contractors and volunteers are fully aware of responsibilities regarding confidentiality

Recording an individuals information accurately and consistently

Keeping information physically secure

Maintaining confidentiality

Disclosing and using information with appropriate care

An individuals information

PROTECT


Service users effectively no surprises l.jpg

Check (where practicable) that leaflets or other guidance on confidentiality has been understood

Make clear to individuals when information is recorded or service records accessed

Make clear to service users when information may be disclosed to others

Inform

Service Users EffectivelyNo Surprises!


Slide13 l.jpg

Check that individuals have no concerns about how their information is disclosed and used

Answer any queries personally or direct to those who can answer

Respect the rights of individuals and help them exercise their right to access their service record

Inform

Service Users EffectivelyNo Surprises!


Provide choice l.jpg

Ask the individual before using personal information in ways that do not contribute directly to, or support, the purpose

Respect the individuals decisions to restrict disclosure or use of information, except in exceptional circumstances

Communicate effectively with service users to ensure they understand the implications of non-disclosure

Provide Choice

Provide Choice


Wherever possible l.jpg

It is not possible to achieve best practice overnight. Staff must:

Be aware of the issues surrounding confidentiality and seek training or support where uncertain in order to deal with them appropriately

Report possible breaches or risk of breaches

Improve

Wherever Possible


Death of baby peter l.jpg

In August 2007 Baby Peter died of horrific injuries inflicted by his carers

He had suffered over 50 injuries despite receiving 60 visits from social workers, doctors and the police over an 8 month period

Laming enquiry criticised failings in information sharing between agencies, the poor training and support given to “over-stretched” front-line staff and the red tape “hampering” social workers

Death of Baby Peter


What guidance is available l.jpg

National information sharing guidance produced by Children’s Services including information sharing pocket guide and dvd

Every Child Matters reforms 2004 – 2008 new guidance was issued to reflect current policy for practitioners working with both adults and children’s services

Information Sharing Protocols

Social Care Record Guarantee, NHS Care Record Guarantee

National Information Governance Board (NIGB)

Recognise that a difference of culture may exist with the agencies you wish to share information with and work to removing barriers where there is a legitimate legal reason for sharing.

What Guidance is Available


What does this mean l.jpg

Where possible we should respect the wishes of individuals who do not consent to share confidential information. You may still share information, if in your judgement on the facts of the case, there is sufficient need to override the lack of consent

Seek advice when in doubt, especially where your doubt relates to a concern about possible significant harm to a child, vulnerable adult or serious harm to others

You should ensure that the information you share is:

Accurate and up-to-date (historical information maybe relevant too)

Necessary for the purpose for which you are sharing it

Shared only with those people who need to see it

Shared securely

Always record the reasons for your decisions – whether it is to share information or not

What does this mean?


Valid consent l.jpg

In Health consent can be implied or explicit, in Social Care it is always explicit but for both it needs to be

Informed

Understood - The service user needs to have capacity to understand

Freely given

Valid Consent


Implied consent l.jpg

Consent not expressly given: it is always explicit but for both it needs to be

Often consent is assumed for sharing information with colleagues within the organisation, particularly in Health.

i.e. a individual sees a nurse for a test, it is assumed that the individual will consent for the results to be shared with the treating doctor.

In Social Care sharing with other departments in the Local Authority would require explicit consent for another purpose.

i.e. to share with housing

Sharing information between health care colleagues in different organisations e.g. ambulance crews to A & E staff.

Implied Consent


Explicit or informed consent l.jpg

Agreement to sharing should be recorded it is always explicit but for both it needs to be the individual should be made aware of: -

What information is to be shared

What is the purpose of sharing it

Who it is to be shared with

How the information will be protected

Whether it may be further shared

That they have the right to refuse (if they do)

The consequences of refusal and agreement to consent

Explicit or Informed Consent


How do we obtain consent l.jpg

Consent should be sought at the earliest opportunity it is always explicit but for both it needs to be

Consent should be recorded using the relevant Consent or Permission to Share form and signed by both the social work professional and the individual or their representative. In Heath this should be recorded in the individual notes

Clear explanation should be given to the individual on what they are consenting to and for how long

It should be made clear that consent can be withdrawn at any time but we will share when there is a legal requirement to do so

An individual should understand that if they withdraw their consent this may affect the service we can provide to them

Revisiting consent – at least annually or when a new event happens

How do we obtain consent


Children and competence to consent l.jpg

Children and young people it is always explicit but for both it needs to be

16 assumed to be competent

Under 16 competent if they have the capacity to understand and take own decisions

Otherwise consent from whoever has parental responsibility

Changes at 16 onus of proof shifts from being on the child to being on the person wanting to assert lack of capacity.

Children and competence to Consent


Adult capacity to consent l.jpg

Adult unable to give consent? it is always explicit but for both it needs to be

Take into account the views of relatives or carer’s

Respect any previously expressed wishes

Mental Capacity Act (MCA)

Adults lacking capacity may have an advocate

Provision under MCA for proxy consent via LPA or Court appointed deputy

Ultimately, the professional must act in the individual’s best interests

Record the decision and the reasons for it

Adult Capacity to Consent


Consent summary l.jpg

Ensure the child/adult has the necessary capacity to understand what they are consenting to and seek advice if unsure

Record what information will be shared and with whom (always record reasons for sharing without consent)

It is the individuals choice to refuse consent, alter arrangements or withdraw consent at a later stage

Explain what the consequences are of withdrawing consent and where it may be shared anyway

Need only one parent, with parental responsibility, to give consent - ‘Fraser’ (judgement Gillick) competent’ children under 16 also have rights of confidentiality

Consent - Summary


Consent l.jpg

The sharing of information should be controlled and justified

Remember – the consequences of NOT sharing information with other agencies could be far worse than inappropriate sharing

There are some circumstances in which sharing confidential information without consent will normally be justified in the public interest:

When there is evidence that the child/vulnerable adult is suffering or is at risk of suffering harm; or

Where there is reasonable cause to believe that a child may be suffering or at risk of significant harm; or

To prevent significant harm arising to children/vulnerable adult including through the prevention, detection and prosecution of serious crime

Consent


So what if they say no l.jpg

Consider Public Interest justification before seeking consent which could affect approach to consent.

I.e. need to provide the information but would prefer to disclose with their agreement. Give an opportunity for them to state their case for non-disclosure.

May not be appropriate if there is risk to staff or others.

So what if they say no


Understanding consequences l.jpg

Explain consequences of agreeing to consent consent which could affect approach to consent.

Explain consequences of refusing consent i.e. limiting Services – housing etc.

Understanding Consequences


So what if they say no29 l.jpg

If the individual is competent to make the decision and they fully understand the consequences of the decision for care or treatment:

Understand their reasons and see if they can be satisfied

Can care be provided in different way? (Must be practical)

Balance the risks – consider ‘public interest’ – you may need to share anyway…

Harm to self

Harm or risk to others

So, what if they say No?


Even worse l.jpg

Even Worse! fully understand the consequences of the decision for care or treatment:

What if they say “Yes”…

and then change their mind!


Questions to ask before sharing information l.jpg

Q: fully understand the consequences of the decision for care or treatment: Can I still disclose if they don’t consent?

QUESTIONS TO ASK BEFORE SHARING INFORMATION

“There must never be another tragic case where a child suffers as a result of professionals not sharing what they know.”

Margaret Hodge

“…in every judgment they make, staff have to balance the right of a parent with that of the protection of the child.”

Lord Laming,

The Victoria Climbié Inquiry


Questions to ask before sharing information32 l.jpg

Q: fully understand the consequences of the decision for care or treatment: Can I still disclose if they don’t consent?

Failure to share information appropriately can be a serious breach of care

Sharing without consent may be necessary and appropriate under some circumstances:

When a child is believed to be at serious risk of harm

When there is evidence of serious public harm or risk to others or and individual

For the prevention, detection or prosecution of serious crime

When instructed to do so by a court

QUESTIONS TO ASK BEFORE SHARING INFORMATION


Proportionality l.jpg

The proposed disclosure should be proportionate to the need to protect the child’s/vulnerable adult’s welfare

The amount of information disclosed and the number of people to whom it is disclosed should be no more than is necessary to meet the public interest in protecting the health and wellbeing of the child/vulnerable adult

Proportionality


When in doubt l.jpg

Consult a Manager/Caldicott Guardian or Data Protection/Information Governance Officer

Obtain advice from legal services if appropriate

Record reasons why a decision was made to:

Override the requirement to seek consent

Share information without consent

When in Doubt


Questions to ask before sharing information with anyone about anyone l.jpg

What are the reasons for sharing? Protection/Information Governance Officer

Is there sufficient ‘need to know’?

Is the request proportionate?

Is the information up to date/accurate?

Will there be secondary disclosure?

Do I need consent?

Have I got consent?

Can I still disclose if they don’t consent – is there another justification?

Have I recorded the sharing?

Am I sharing securely?

Questions To Ask Before Sharing Information…with anyone, about anyone


New technology l.jpg

The NHS NPfIT Programme National Records Protection/Information Governance Officer

Electronic Common Assessment systems

Use of NHS mail to share information for multi-agency teams

New Technology


Impact of technology on data protection l.jpg

Whose record is it if more than one individual contributes to the record –

multi agency teams

How will we handle

pre adoption information electronically

Subject Access Rights

Third Party information

Mother’s information in Children’s records

Seriously harmful data

Case recording

Impact of Technology on Data Protection


Records management l.jpg

More professional to the record –

More factual

Meet the Data Protection requirements

Mental Capacity Act 2005

Freedom of Information 2000

Share a common language

Recording Consent – Reasons and Fact

Keeping Secure

Records Management


Recording l.jpg

Facts and opinions to the record –

Example

Undiagnosed mental illness?

Example

Appeared to be unwashed and dishevelled

Error correction, or if the individual disagrees (Guidance)

Recording


Why do we need an information sharing protocol l.jpg

So everyone knows the rules and has clear guidance on how, where, when and with whom.

Protects the subject, the staff and the organisation

Is not instead of consent

Why do we Need an Information Sharing Protocol ?


Information sharing protocols l.jpg

What data do we want to share? where, when and with whom.

With whom do we want to share it?

Why do we want to share it?

How can we justify sharing it?

How do we comply with the law?

Information Sharing Protocols

Pro-active Framework


Using the three tier model at local level l.jpg
Using the Three Tier Model at local level where, when and with whom.

Tier1

Principles we will all work to contained in the high level protocol

Tier 2

Purpose for Sharing Information e.g Care of Adults

Process of how we will share the information in the Service Level Information Sharing protocol

Tier 3


The protocol should describe l.jpg

How we comply with the Law where, when and with whom.

Why we need to share the information

How we justify sharing the information

What information we want to share

With whom we will share the information

How we will protect the information

The Protocol should describe


How we comply with the law l.jpg

How we restrict access to the information -consent where, when and with whom.

Who needs to know, how much

What security will protect it

How long it will be kept for

What format will it be in

When it can be destroyed or Archived

Subject Access rights

Data Quality

Hiding behind legislation and red tape!!!

How We Comply With The Law


Why we need to share information l.jpg

To enable early intervention to help children and vulnerable adults to achieve positive outcomes

To enable professionals to feel confident in making good effective information sharing decisions

To prevent death or serious harm being caused to vulnerable children and adults as a result of failing to:

record information

share it

understand the significance of the information shared

take appropriate action in relation to known or suspected

abuse or neglect

Why we need to share information


Breakout objectives l.jpg

A more informed understanding about why information should be shared, when and with whom.

Clarification of the legal and ethical issues that surround information sharing.

A toolkit to support information sharing

Breakout Objectives


Breakout objectives47 l.jpg

Increased awareness of partner agencies and their responsibilities and concerns in relation to information sharing.

Strategies for disseminating these ideas to others in your organisations.

Impact of new technology on information sharing.

Breakout Objectives


Delegate objective l.jpg

Clarification on safe, legal and confidential ways to send information via computer

To get a more informed understanding about sharing information

To link/network with other delegates with the same remit as myself

To widen my knowledge of the subject area

To explore issues/dilemmas/barriers with other professionals

Delegate Objective


Group work one l.jpg

Raising the issues – information via computer

What Will Happen if we Do Share Information?

What Could Happen if we Don’t Share Information?

Group Work One


Instructions l.jpg

Choose 1 of the 3 scenarios on the table information via computer

As instructed by your facilitator each person takes a card

Beginning with the oldest date each person decides who they would or would not share the information with, they then read the card to the group

Debate in your groups whether or not having all of the information would change any decisions made

You have 30 minutes to complete this exercise

Instructions


Group work two l.jpg

Deciding What to Share information via computer

- Would We?

- Could We?

- Should We?

Group Work Two


Instructions52 l.jpg

Pick a scenario card, work through as many scenarios as you have time for

Discuss and decide if you would share the information

Discuss and decide if you could share the information

Discuss and decide if you should share the information

(You have 30 minutes to complete this exercise)

Instructions


Feedback from tables and any questions l.jpg

Each group chooses one question to ask the panel of experts arising out of the discussions

Complete the evaluation form

Feedback from Tables and any questions


ad