rm, or could compromise effective safeguarding arrangements, including police investigations. In any situation where children or their parent(s) or carer(s) object to particular information sharing, but you decide that nonetheless it is appropriate to share, you must record your reasons and the legal basis for doing so. How the common law duty of confidentiality affects information sharing The common law duty of confidentiality applies when an individual shares personal information with you in the expectation that this information will be kept confidential. Under the common law, if you believe it is necessary to share confidential information, then you must be sure that one of the following conditions exists: • You are legally required to share information (e.g. because legislation or a court order mandates information sharing) • You believe there is an overriding public interest that justifies sharing information (e.g. where the sharing is necessary for safeguarding purposes) which outweighs the public interest in maintaining confidentiality, and the sharing of information is proportionate i.e. you only share the minimum amount of information necessary to assist another practitioner or organisation in protecting a child Decisions about sharing confidential information should be taken on a case-by-case basis. In situations where there is not a concern for the child’s safety, the position is slightly different. For example, this might be the case in a situation when you consider a family would benefit from additional support to promote the welfare of their child. In such 13 situations you will usually need to gain consent from the child, their parent or carer to share confidential information. If you are not sure if there is a concern for the child’s safety or welfare, y