The common law duty of confidentiality (CLDC) may apply to you. It arises when a person discloses information to you that they reasonably expect you to hold in confidence. Please check guidance from your organisation and from your professional membership organisation or regulator to ensure you comply.

The duty does not conflict with data protection law; it sits alongside it. Where the duty applies, you must consider and comply with both. Take both into account when deciding whether to share information to safeguard a child or young person. Neither takes precedence over the other.

Note about forthcoming legislation: for England, the Children’s Wellbeing and Schools Bill contains draft provisions about the common law duty of confidentiality and information sharing, as does the Crime and Policing Bill. We will update this guidance as appropriate.

Examples of guidance from external organisations about the CLDC

Department for Education (England):

Statutory guidance: Working together to safeguard children – see page 22

Non-statutory guidance: Information sharing - a guide for practitioners - see pages 12-13

Scottish Government:

Confidentiality - Getting it right for every child (GIRFEC) Practice Guidance 4 - Information sharing

Welsh Government:

Working together to safeguard people: Non-statutory guide on information sharing to safeguard children - in the myth-busting guide, pages 11-12

Keeping learners safe pages 30-31

General Medical Council (UK-wide):

Confidentiality: good practice in handling patient information

Legal annex for Confidentiality - professional standards

Royal College of General Practitioners (UK-wide):

RCGP Safeguarding toolkit: Consent

Health - England:

Confidentiality: NHS Code of Practice (England) 

Consent and confidential patient information - NHS Transformation Directorate (England)

Department of Health Northern Ireland: 

Guidance on Information Sharing for Child Protection Purposes pages 11-12

NHSScotland:

Protecting Patients’ Confidentiality Code of Practice