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London Safeguarding Children Board: Child Protection Procedures 5th Edition Powered by tri.x Powered by tri.x
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London Child Protection Procedures and Practice Guidance

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Updated 28th September 2018

General Data Protection Regulations (GDPR)

The Editorial Board of the London Child Protection Procedures has considered what changes are required to the Procedures to ensure compliance with the General Data Protection Regulations (GDPR) - implemented through the Data Protection Act 2018. The Editorial Board has taken into consideration guidance from the Information Commissioner’s Office [ICO] which says: ‘The biggest change is for public authorities, who now need to consider the new ‘public task’ basis first for most of their processing, and have more limited scope to rely on consent or legitimate interests’. As a result, the Board has recommended that ‘legal obligation’ and ‘public task’ (as defined in the GDPR) are relied on as the primary basis for processing information to establish whether or not there is a need to safeguard the welfare of a child. This means that, whilst families will be informed when personal data is being shared or processed, their consent is not required.

The significance of this change is that it is no longer necessary to seek consent to share information for the purposes of safeguarding and promoting the welfare of a child (i.e. removing the distinction between information sharing for the purposes of assessing need or child protection). It does, of course, continue to be good practice to inform parents / carers that you are sharing information for these purposes and to seek to work cooperatively with them. Agencies should also ensure that parents / carers are aware that information is shared, processed and stored for these purposes.

The Working Together Guidance published in July 2018 by the Department for Education, continues to emphasise the use of consent. The Editorial Board is working to ensure that the approach taken in these Procedures is consistent with the Data Protection Act 2018, the guidance published by the ICO and the statutory guidance published by the Department for Education. In the meantime, references to consent and information sharing in the Procedures will be highlighted with a link to the advice above. In addition, the information sharing chapter (Chapter 4 in Part B1 Practice Guidance), has been withdrawn pending a full revision in line with the new legislation.


Six Monthly Updates:

The London Child Protection Procedures are updated on a six monthly basis with the relevant changes to legislation, statutory guidance and local guidance. The most recent update took place on 28th September 2018 and the changes can be viewed in the section Amendments and Archives. In this update, throughout the Procedures, ‘domestic violence’ has been changed to ‘domestic abuse’, except where “violence” is integral to the meaning of a phrase such as “independent domestic violence advisors (IDVA).

The next update will be the 31st March 2019 - or the nearest working day. Any comments or suggested changes for this update should be forwarded to Alison Renouf by 1st February 2019. It is important to note that urgent changes are sometimes made in-between the twice yearly updates in response to changes in legislation/guidance, recommendations from Serious Case Reviews or inspections of agencies. Users of the manual are advised to sign up for regular notifications of any changes made to the manual contents and to receive useful briefing notes on a range of topics relevant to LSCBs. This can be done by clicking on the 'Register for Updates' button located at the top of this page.

If you have any queries regarding the London Child Protection Procedures please contact Alison Renouf, Board Manager for the London Safeguarding Children Board: alison.renouf@londoncouncils.gov.uk or call 020 7934 9714.

Thresholds: A Continuum of Help and Support can be accessed here and via the tab above. This is a tool intended to assist practitioners to make decisions about the best course of action, when they have concerns about a child.

Name

Chair of the Editorial Board

Organisation

Steve Liddicott

Interim Head of Service
Access and Assessment
Children and Young People's Service

London Borough of Hackney


London SCB