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MinuteTo: All Family Services Staff CC: Sue Mannion, Foster Care Association From: Gail Winkworth, Director Family Services Date: 15/10/01 Re: Sharing of Information There are two specific issues in relation to the sharing of information, which have been discussed at the Substitute Care Committee and the LAC Implementation Committee that I would like to reinforce with all staff. Caution about passing on names and addresses of foster carers to natural families It is generally agreed that unless there is a risk to the child or carers and/or risk in terms of stability of the placement, information about the names and addresses of carers should be passed on to parents within 3-4 weeks of placement. Although this is often a desirable outcome because it can allay parentsŐ anxiety and thus assist children to feel more settled in the placement no passing of information will occur without the consent of the carers involved. The foster care agency will make a judgement about this after consultation with carers. This consent must be in writing or a conversation indicating that consent has been given, recorded on the file. Care must be taken at all times not to inadvertently pass on names and addresses in court or other documentation unless carers have given approval to do so. Sharing information from reports Information from reports, including assessment reports, should be shared between Family Services and the agencies unless there are exceptional circumstances. From time to time it may not be appropriate to release some or all of the report when it contains information relating to issues other than the child or family concerned. In these instances it may be preferable to release the report with the inappropriate parts deleted or blacked out. The reason for not releasing information needs to be clear and preferably documented. If there is any doubt, these matters should be discussed with the relevant team leader, in the first instance. Legal and Policy Basis for Information sharing An overarching principle in our work in the child welfare field involves the sharing of information. This is reinforced by the Children and Young People Act 1999, Roles and Responsibilities and the Looking After Children system. Sections 28 and 29 of the Children and Young People Act 1999, set out the situations where the chief executive can give and receive information. Section 28 states that the Chief Executive may request a Territory authority or statutory office holder to provide information, advice, guidance, assistance, documents, facilities or services relevant to the physical or emotional welfare of children and young people. Under s 29 of the Act the Minister or Chief Executive may give a person or a defined entity information relevant to the safety, welfare and wellbeing of children and young people. Section 29(1)(c) gives the Chief Executive the power to ask a defined entity for information relevant to the safety, welfare and wellbeing of children and young people. If information is given in good faith and with reasonable care, the giving of the information is not a breach of confidence, is not a publication of an actionable libel and is not a grounds for civil proceedings for malicious prosecution or conspiracy. Section 74 in Chapter 6, Young Offenders, unless the court otherwise orders, a copy of a report provided under s 73 must be made available to the parties to the proceedings. If there any questions or concerns about the legality of releasing information I am sure Tracy Thompson will be happy to clarify. She can be contacted on 62071504 Gail Winkworth |
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