A new statutory duty to share information for safeguarding purposes has come into force, marking a significant step forward in strengthening multi-agency safeguarding arrangements for children and young people.
The publication of the Information Sharing Duty Statutory Guidance introduces a clear legal expectation that safeguarding partners and relevant agencies proactively share information where it may support the safeguarding and promotion of a child's welfare. The new duty aims to remove longstanding uncertainty around issues such as consent, confidentiality and information governance, making it clear that timely and proportionate information sharing is essential to effective safeguarding practice.
The changes support a shared responsibility across agencies to identify risks, respond to concerns at the earliest opportunity and improve outcomes for children through better-informed decision-making and stronger partnership working.
What Has Changed?
A New Legal Duty to Share Information
From 30 September 2026, safeguarding partners and relevant agencies are legally required to share information where it may help another organisation safeguard and promote the welfare of a child.
The duty was introduced through the Children's Wellbeing and Schools Act 2026 and incorporated into Section 16LA of the Children Act 2004.
Earlier Information Sharing Is Encouraged
Information sharing is no longer limited to situations involving significant harm. Practitioners should also share information that may help identify:
- Emerging concerns
- Unmet needs
- Early Help requirements
- Wider welfare concerns
- Risks posed by a child to others
This change reinforces the importance of prevention and early intervention.
Information Should Be Shared Unless Exceptional Circumstances Apply
The guidance makes clear that agencies must share information where it may assist another organisation in:
- Assessing risk
- Making safeguarding decisions
- Providing support
- Taking appropriate safeguarding action
Information should only be withheld in rare circumstances where sharing would be more harmful to the child than not sharing it.
Consent Is Not Required
The absence of consent should not be used as a reason to withhold safeguarding information.
Practitioners do not need consent to share information for safeguarding and welfare purposes. However, where appropriate and safe to do so, professionals should remain transparent with children and families about how information is being used and shared.
Data Protection Is Not a Barrier
The guidance reinforces that data protection legislation supports information sharing for safeguarding purposes.
Any information shared must continue to be:
- Necessary
- Relevant
- Proportionate
- Accurate
- Secure
Confidential Information Can Be Shared
The new duty provides a clear legal basis for sharing confidential information where it is necessary to safeguard and promote a child's welfare.
Information About Adults May Also Need to Be Shared
Where concerns about an adult could impact a child's welfare, relevant information should be shared. This may include issues relating to:
- Domestic abuse
- Mental ill-health
- Substance misuse
- Criminality
- Exploitation
Sharing Information About Children Who Pose Risks
The guidance also makes clear that information should be shared where a child may present a risk to another child, ensuring agencies have a full understanding of the wider safeguarding context when making decisions.
Expectations for Practitioners
Practitioners are expected to:
- Share information proactively
- Avoid unnecessary delays
- Record decisions and the reasons behind them
- Apply professional judgement
- Support effective multi-agency decision-making
- Keep the welfare of the child at the centre of all practice
What This Means for Safeguarding Partnerships
The new guidance strengthens collective responsibility for safeguarding children by creating a clear legal expectation that agencies routinely share information to support prevention, early intervention and child protection activity.
By removing ambiguity around information sharing, the guidance aims to improve collaboration between organisations and ensure that children and families receive the right support at the right time.
Action Required
We encourage all partner organisations to share this information widely across their networks. The guidance should be promoted to practitioners at every level, from frontline staff to strategic leaders, and incorporated into team meetings, supervision sessions and organisational intranets.
By working together and embracing the new duty to share information, we can strengthen safeguarding practice and improve outcomes for children and young people across our communities.
St Helens Safeguarding Children Partnership