Information Sharing Duty September 2026: What schools need to know.
The new Information Sharing Duty issued on September 10th, which comes into force on September 30th 2026 is significant. This is statutory guidance where the previous guidance had been advisory. It uses the word ‘must’ to reinforce this point.
This is a significant change of direction in information sharing for safeguarding reasons.
Firstly, it removes the threshold of Child Protection (section 47). The guidance relates all to safeguarding concerns, not just those that may reach the Section 47 threshold. Under the information sharing duty, information must be shared where it is relevant to safeguarding and promoting a child’s welfare, including where concerns relate to early help, prevention and unmet need.(para 2)
There is a move from ‘can I share?’ to ‘what do I need to share?’ ‘Is there any reason why I might not share this information?’ and ‘how do I share it?’ are now secondary questions. It is also clear that the information sharing duty applies to both children with known needs, and those with needs being identified for the first time.
The information sharing duty also covers both where a child may present a risk to others (not just where they may be experiencing risk or harm themselves) and those connected with the child (e.g. parents or others involved where they are concerns about exploitation) where the information may impact the safeguarding of the child. This can include patient information from medical services.
This comes from the background of multiple serious case reviews which have time and again highlighted concerns about information sharing, stating that all the relevant information was known to different services but not joined up or that key information about others related to the child or case was not shared with harmful results. This is about a change of mindset to challenge these issues.
This is going to have a major impact on how schools work with safeguarding partners and going to require changes to policies and procedures.
Reasoning
This guidance covers all who have not yet reached their 18th birthday with the explicit inclusion of those who are in the armed forces.
The guidance is clear that:
‘Effective information sharing is essential to safeguarding and promoting the welfare of children. Without it, practitioners cannot build a full understanding of a child’s circumstances, identify need or concerns before they escalate, or decide what action is needed to keep them safe or promote their welfare, including where they may pose a risk to other children. Information sharing also helps organisations to holistically assess if a child poses a risk to other children.’ (para 1)
The guidance is clear that information sharing (under Section 16 of Children Act2004) may help the recipient’s relevant functions, including assess need, make a decision, provide support or take action to safeguard and promote the welfare of a child (p.3).
It enables the early identification of emerging concerns, supports timely escalation where there is a risk of significant harm, and ensures that no single agency is required to make decisions in isolation. By sharing relevant information, agencies are better able to make informed, collective decisions—particularly within Family Help, integrated front doors, and Multi Agency Child Protection Teams (MACPTs). Information sharing provides practitioners with a fuller, up-to-date understanding of a child’s daily life, family context, strengths, and risks (both to themselves and to others), supporting more accurate- assessments and more effective plans.(page 8)
Deciding whether to share you should consider
Relevance- Does the requested information have bearing on safeguarding or promoting a child’s welfare.
May facilitate- Would the information help safeguard or promote a child’s welfare including when the child potentially poses a risk to others, through an agency exercising their relevant functions including assess risk, make a decision, provide support or take action to safeguard and promote the welfare of a child (para 14)
Also consider issues of
Sharing across county and other boundaries
Anti-discriminatory practice.
Patterns and implications for multiple children
Detriment: When not to share
The information sharing duty does not apply only in extremely limited circumstances where a practitioner, acting on behalf of their organisation, determine through professional judgement that sharing information would be more detrimental to the child than not sharing. (page 4)
Should continue to share even if
You do not have consent from the child or family. You can and should share, even if they are unhappy. Consent is not needed to share safeguarding information.
You feel uncomfortable or unsure. Seek advice and/ or supervision.
Under Data protection law, a child’s safety and welfare is a paramount concern, and information should not usually need to be withheld for data protection purposes.
Those connected to the child
The information duty extends to those connected with the child, including
caregivers where it may impact their ability to provide safe and effective care e.g. substance misuse, involvement in a coercive or abusive relationship, imprisonment and poor mental or physical health.
Indications that an individual may pose a risk to a child, such as a history of perpetrating (known or alleged) abuse or violence, substance misuse, involvement in organised crime, signs of radicalisation or being considered a risk to others on grounds of mental health concern. This refers not only to adults, but also to other children.
There is a duty for services providing support to adults to share relevant information, however the Information shared can only be used for safeguarding purposes.
If you need to share or are requesting information, you need
to act promptly
demonstrate accountability for compliance with the information sharing duty, and with data protection law. Record the decision for sharing or not sharing the information and your reasoning.
When requesting information, include the necessary and proportionate contextual information for the recipient to determine what should be shared, and why it may facilitate the requestor’s relevant functions
Inform the child and/or parents, unless this would increase the risk or be impractical.
Keeping child’s wishes under consideration but recognise their safety and welfare is paramount.
Use agreed local pathways
Provide acknowledgement and timely feedback to organisations and practitioners from whom you have received information, to inform them of receipt and any decisions taken as a result
Where safe and practicable, make parents aware of concerns about other individuals in a child’s life where it is relevant to the child’s safety and welfare (para 33)
Data Protection
Data protection obligations apply and must be complied with – this does not prevent personal information being shared to safeguard and promote the welfare of children. It provides a framework that enables the sharing of information in a fair, proportionate and lawful way. (para 34). Para 38 reminds us of the information on the ICO’s website which includes the principles of
Data minimisation: limiting sharing to what is necessary, and with whom, to achieve the aim
Accountability: having appropriate measures in place and keeping records to demonstrate your compliance.
Accuracy: taking all reasonable steps to: (1) ensure personal data held is not incorrect or misleading as to any matter of fact (2) correct or erase personal data that is incorrect or misleading. When sharing matters of opinion, it must be made clear that it is an opinion, rather than a matter of fact.
Security: having appropriate technical and organisational measures to protect personal information
Transparency: organisations need to be clear, accurate and transparent with each other and data subjects about the lawful basis being used and the circumstances in which information may be shared, usually through data sharing agreements or privacy notices.
Issues of consent
Consent is one of seven lawful bases to process information. The guidance tells us in paragraph 41 that it is highly unlikely to be the most appropriate choice when sharing information under the duty because there is often an imbalance of power between parties, meaning consent may not be freely given, and consent may be withdrawn later, necessitating data erasure. Importantly, in cases of suspected maltreatment, exploitation, abuse or neglect, seeking consent from a suspected perpetrator, or another person closely connected, is likely to undermine prospective safeguarding efforts, and could increase risk of harm. This again highlights the concern that we may, in fact, be seeking consent from the person who is abusing the child.
The information sharing duty reinforces these messages about consent, by making clear that the law enables and requires the sharing of information relevant to safeguarding and promoting the welfare of a child, including where consent to share and/or make a referral has not been sought or obtained (para 41).
Consent for services e.g. Family Help is different to consent in relation to information sharing. The guidance is clear on the need to build trust and engagement so transparency are important. Decisions should be proportionate, clearly recorded, and focused on the best interests of the child (para 44). To support this, we should explain
The purpose of the sharing
What information will be shared and with whom
The limits of confidentiality
Avoid presenting share as an option where it is not. So, explain what will happen rather than seeking permission where consent is not required or would be inappropriate for safeguarding reasons.
Acknowledge feelings and concerns
We need to be clear that working with children and families and being transparent with them is not the same as seeking consent.
Possible Actions for schools
Review of policies and procedures to include the new approach and information
Explanation of the changes to staff. This could be through a safeguarding update, briefing or staff meeting, but it can’t wait until the next whole school safeguarding training. The main implications will be for DSLs, but all staff need to be aware.
Look at a briefing for governors so that they understand what the school will be sharing and why.
Consider if you want to put information about the new duties on your website for parents.
Check what your LA’s information sharing protocols look like and how they work.
Reteospective information sharing is not required.
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