Safeguarding, police and other requests

Some of the hardest moments in care data security are requests from outside the care team. Here is how to handle the common ones.

Safeguarding comes first

If someone is at risk of abuse, neglect or serious harm, safeguarding overrides confidentiality. You can and should share relevant information with those who need it to protect the person or others, such as the local authority safeguarding team, even without consent and even if the person or their family objects. Confidentiality is never a reason to leave someone at risk. Share what is necessary, record what you shared and why, and follow your safeguarding procedure. "I was worried about confidentiality" has appeared in too many serious case reviews as the reason a warning sign was never passed on.

Police requests

Police do not have an automatic right to care records. Handle a police request calmly:

• Verify who is asking. Take a collar number and call back through the force switchboard, not a number the caller gives you.
• Ask for the request in writing, stating what is needed and why.
• Refer it to your manager, data protection lead or Caldicott Guardian rather than deciding alone.
• Information can be shared where a court order requires it, or where sharing is necessary for preventing or detecting serious crime, but that judgement belongs with your organisation, not with whoever picks up the phone.

In a genuine emergency, where life is at immediate risk, share what is needed to keep people safe and record it afterwards.

Family members

Families often ask questions from a place of love, which makes refusing feel unkind. But an adult with capacity decides what their relatives are told. Being a spouse, parent or next of kin does not create a right to information. Check the care plan for what the person has agreed can be shared, and where they lack capacity, share on a best-interests basis. You can always be warm without disclosing: acknowledge the concern, explain the rules, and offer to ask the person what they are happy for you to pass on.

Other agencies

Housing officers, benefits assessors, insurers, solicitors and commissioners all ask for information at times. Each request needs a clear purpose and a lawful route, usually the person's consent. When unsure, take the request in writing and escalate. A short delay to check is always defensible. An improper disclosure is not.