Multi-Agency Referral Form for Early Help and Social Care services (MARF)

Obtaining informed consent means to explain openly and honestly at the outset what information will or could be shared, and why, and seeking agreement.

Obtaining explicit consent is good practice and written consent is preferable since that reduces the scope for subsequent dispute. For example, confidential information should only be recorded on the Early Help Assessment form if the child, young person and/or parent explicitly agree to this. If there is particular information that they do not want recorded on the form or shared with others, it should be recorded only in confidential case records.

Respect the wishes of children, young people and families who do not consent to share confidential information - unless in your judgement there is sufficient need to override that lack of consent. The child or young person’s safety and welfare must be the overriding consideration when making decisions on whether to share information about them.

There will be some circumstances where you should not seek consent from the individual or their family, or inform them that the information will be shared. For example, if doing so would:

• place a person (the individual, family member, yourself or a third party) at increased risk of significant harm if a child, or serious harm if an adult; or
• prejudice the prevention, detection or prosecution of a serious crime; or
• lead to an unjustified delay in making enquiries about allegations of significant harm to a child, or serious harm to an adult.

Also see:
LRSCP Overarching Safeguarding Information Sharing Agreement (ISA)

Being transparent and providing accessible information to individuals about how you will use their personal data is a key element of Data Protection compliance. However, this does not mean that you need to get consent to use information in most cases, as there are many other conditions under the GDPR and the Data Protection Act 2018 that allow you proceed without an individual’s explicit consent to use their information. The appropriate way to provide this information is in a privacy notice.

Each practitioner should follow their own agency’s or organisation’s Information Governance requirements for collecting, sharing and processing personal data.

You should also inform the parents/carers of the following:

• Information will be treated confidentially and will be used to understand the needs of the family – this will involve checking our records to see if we are already working with the family
• Information may be shared with other services to check whether they are working with the family or have done so previously
• Information will not be shared without permission, unless we are required to do so by law or there are concerns that someone has suffered or may be at risk of significant harm and
  • Name of the Data Controller processing their data
  • Contact details of the Data Protection Officer;
  • Purposes of processing and legal basis for processing – including the “legitimate interest” pursued by the controller if this is the legal basis.
  • Recipients, or categories of recipients of their data.
  • Details of data transfers outside the EU - including how the data will be protected (e.g. the recipient is in an adequate country; Binding Corporate Rules are in place etc.); and how the individual can obtain a copy of the BCRs or other safeguards, or where such safeguards have been made available.
  • The retention period for the data – if not possible, then the criteria used to set this.
  • That the individual has a right to access and port data, to rectify, erase and restrict his or her personal data, to object to processing and, if processing is based on consent, to withdraw consent.
  • That the individual can complain to a supervisory authority e. the ICO.
  • Whether there is a statutory or contractual requirement to provide the data and the consequences of not providing the data.
  • If there will be any automated decision taking – together with information about the logic involved and the significance and consequences of the processing for the individual.