Recording Policy for Children's Social Work

1. Core Principles

As part of Brighton & Hove's model of practice, we have developed our One Story model of relationship-based recording and assessment. 

Recording Policy for Children's Social Work

We believe that the purpose of recording is:

1. To provide a clear narrative for the child and family, now and in the future;
2. To help thinking about families and the development of purposeful support;
3. To evidence work that has been completed and support colleagues and other professionals understand the current situation for families.

If we write in a way that provides a clear story for families and includes children's experiences this will also help us to think about the support we offer to families and to evidence this. This is part of the wider cultural change of our model of practice and is also supported by a recognition that, while recording should provide a clear narrative for families and practitioners, it should be based on social workers summarising key information and not recording every action they take or detail of their work. For example, it is not an expectation of practitioners that they record every telephone call they make or that they cut and paste every email they receive into a child's record. Staff should be aware however that emails not saved on a child’s record may need to be provided in the context of a subject access request.

It is a minimum expectation that every child's record includes a chronology, a genogram, an up to date assessment and plan as well as a summary of the social worker's ongoing support.

Further guidance on good practice and exemplars are available to practitioners on One Space. A key part of this guidance is the requirement for practitioners to consider who their recording is written for. It is an expectation that explicit consideration is given to the anticipated audience when completing each record, including assessments.  It is also an expectation that practitioners consider the language that they use when recording and this includes the use of jargon and acronyms. TACT have produced advice on the use of jargon: Language that cares: Changing the way professionals talk about Children in Care.

Brighton and Hove has adopted the MIRRA (Memory – Identity – Rights in Records – Access) recording principles:

1. Care-experienced people (children, young people and adult care leavers of any age) should be able to participate in every stage of child social care record keeping, if they choose;
2. Organisations should be able to identify and locate all the records they create, receive, use or hold relating to children, young people and their families;
3. The active involvement of children, young people, carer’s and family members should be built into recording practice throughout the care experience, using age appropriate mechanisms and activities;
4. Records should include and accommodate core traces of an individual’s life, including photographs, special events, achievement’s and memories, extending beyond the current practice of life story work;
5. Records should accommodate multiple voices, representing the different perspectives, beliefs and opinions of the diverse people involved in a child’s life;
6. Record keeping systems, including digital systems, should be structured to manage formal, informal and creative contributions from multiple perspectives;
7. Where tension and disagreement exist between perspectives this should be fully represented in the record, without attempting to establish a single, agreed narrative;
8. Amendments, commentary and additions to records should be accommodated within recording systems;
9. A child, young person or care leaver should have the right to request that elements of their record be deleted or ‘forgotten’. If this is not possible then their request should be acknowledged as part of the record;
10. Where information is sent to another agency a record should be made on an individual’s file so that this can be traced in future;
11. Records should be indexed, organised and stored in ways that enable the quick discovery and retrieval of information relating to a named individual, institution or event. Where resources for records management are limited these records should be prioritised.

Further advice on the quality of recording is available from Ofsted and the Social Care Institute for Excellence, as detailed below:

• What makes an effective case record?
• Social work recording.

2. Information Sharing

See also Access to Records / Subject Access Requests Procedure and Working Together to Safeguard Children.

2.1 Guidance on Sharing Information with Users and with Third Parties

Article 8 of the European Convention of Human Rights states that:

"Everyone has the right to respect for his private and family life, his home and his correspondence" therefore prima facie information about one person may not be disclosed to a third party without that person's permission.

All staff are subject to a common law duty of confidentiality. Unless there is a statutory requirement to use information that has been provided in confidence, it should only be used for the purposes that the subject has been informed about With regard to children in care, the recording approach aims to ensure that critical biographical events and multiple perspectives are captured in the record. This is so that the child in care retains as much access to information concerning their family life as possible, when it might otherwise go missing.

The decision in Dunn V Durham (2012) found that access to critical life information about why someone was taken into care is part of a care leaver’s Article 8 right. It endorses the redaction approach for care leaver Subject Access Requests, in which more third party information would be left in if it helps explain the biography of the care leaver.

When children and families first receive a service, it is important to inform them what and how information will, or could be shared and why. This must be recorded on the assessment record.

In addition, children and families should be advised at the outset of the work, that if they have concerns about specific information being shared more widely, they should inform the social worker who will record this request on the electronic record.

Young people aged 16 or over should be informed in their own right regarding use of their personal information. In such cases you must make a professional judgement on the facts of the individual case and any decision should be taken in accordance with the legal, ethical and professional obligations outlined in the Brighton and Hove Children's Services: Code of Practice for Information Sharing.

Please see: Capacity and Consent Procedure, Consent to Information Sharing.

2.2 Information Sharing Key Principles

In most cases decisions on information sharing will be straightforward. The following principles are the key ones to observe:

• Explain to families at the outset, what and how information will be shared and why, and seek their agreement. The exception to this principle is where to do so would put the child or others at increased risk of Significant Harm, or if it would undermine the prevention or detection of a serious crime;
• Always consider the safety and welfare of a child or young person when making decisions on whether to share information about them. Where there is concern that the child may be suffering or is at risk of significant harm, the child's interests must be the over-riding consideration;
• Where young people or families do not consent to share confidential information, you must, where possible, respect their wishes. You may still disclose if in your judgment on the facts of the case the public interest is sufficiently strong to over-ride that lack of consent;
• Seek advice where you are in doubt, especially where your doubt relates to a concern about possible serious harm to a child or significant harm to others;
• Ensure that the information you share is accurate and up-to-date, necessary for the purpose for which you are sharing it, shared with those people who need to see it, and shared securely; and
• Always record the reasons for your decision – whether it is to share information or not.

2.3 Sharing Information from a Third Party

The same principles apply to information concerning the user, given by a third party, where consent from the informant is necessary if the information is to be shared. As in Section 4.2, Information Sharing Key Principles above, if the information provided by the third party is related to a child protection concern, we will be required to share the information but in most cases we will try and protect the anonymity of the third party. In specific sharing situations, the Data Protection Act states that we should seek the views of the data subject on whether information can be shared. If they do not wish it to be, we need to determine whether it is reasonable in the circumstances to share it anyway. If we decide to share, we should be transparent with them about that decision ahead of the sharing taking place if circumstances allow.

Please also see the Pan Sussex Child Protection & Safeguarding Procedures, Actions and Decisions of the Conference for information sharing in these circumstances.

The Brighton and Hove Children's Services has a single protocol for information sharing in these circumstances.

3. Subject Access Requests (SAR)

Service users should be given information when they come into contact with Children's Social Work and at regular points thereafter about their right to request access to the information held about them and how to go about doing so. Where a written request is made records must be made available to the service user no more than 40 days following this request.

The City Council position for this is fully covered in the Operational Instructions, see Access to Records / Subject Access Requests Procedure.

4. Data Security

Brighton and Hove staff: Please see the relevant pages on the Wave: Records Management; Information Governance, GDPR and Data Protection.

High profile losses of personal data at a national level, or unlawful disclosure, have led the Information Commissioner's Office (ICO) to fine public bodies for significant data breaches.

The general principle is that data should be handled in a way that you would hope to have your own data handled. The welfare of the service user and their trust of the Social Work service can be damaged if information about them is not taken care of.  Data should be stored on the council’s network in the appropriate key systems and repositories. Key data outlining decisions and actions on cases, as well as the information informing these, should not be stored in individual staff email accounts and OneDrives.

4.2 Guidance

Emails: Please see council guidance.

Sensitive information being sent outside the council must be sent to and from secure email addresses only e.g. by encryption, or using Egress mail encryption. Please see separate guidelines regarding this.

N.B. Please note that NHS.net email addresses have a number against them if there is more than one person on the national NHS network with this name. Staff must ensure they have the correct email address before sending sensitive information.

• Posting personal data: The social work service is required to send out copies of all assessments and reports to families. It is essential that staff check that they have the correct address before sending any sensitive information by post. Therefore Social work staff must ensure that details are up to date on Eclipse. Particular care must be taken at the point of case transfer to ensure that all personal details including the correct address are recorded on Eclipse. Where an address does not provide a secure facility for post, any sensitive documents should be hand-delivered. If there is any doubt about the address, staff should not include any sensitive information and should ask the recipient to contact them for further details. 
  If materials (including personal data) are being sent by mail to other professionals then it is crucial to be certain of the address. Those attending meetings should be asked to confirm their email and/or postal addresses whilst attending for the purposes of sending out minutes. When packing large amounts of post these should be 'second checked' to ensure that the right contents are going to the right addressee in the right envelope;
• Transporting case records: The majority of case recording is electronic. It is preferable to use encrypted council devices wherever possible. In the event that hard copy material (e.g. reports) has to be taken out of the office, staff must ensure that this can be done securely. Staff should consider whether there is an alternative to travelling with confidential information, e.g. printing information at the meeting venue;
• If staff have no option but to take records on public transport, they must exercise vigilance and must keep the records securely in their bags throughout the journey to prevent loss, theft or breaches of confidentiality;
• Never take case records into shops, pubs or restaurants;
• When driving never leave confidential papers in the main seating area of the car even for a short period of time;
• Staff leaving their cars must always take their bag and documents with them;
• Staff should avoid taking documents relating to one service user into the home of another. If this is unavoidable, the records must be kept securely fastened in a bag throughout and must stay with the worker at all times;
• If workers are delivering reports or assessments by hand to a family then they must re-check before handing over the envelope that the correct documents are contained in it.

Laptops

It is a requirement that:

• Laptop users must sign an agreement for use which confirms that they are aware of the expectations for safe use as below;
• Laptop users must not keep written copies of the log in details with the laptops in any circumstances;
• Laptop users should not take laptops out with them to bars, restaurants or shops. If travelling by public transport keep the laptop in your sight at all times;
• Laptop users should report immediately any loss of a laptop to the ICT department in order that its access can be disabled.

When working at home all the above rules apply. Staff should keep case papers as securely as possible at home whilst not working on them. There are Council-wide IT rules about the security of data stored on devices other than Council PC's. Documents containing personal client data should not be created or saved on home PC's. Staff members must take steps to prevent others from viewing screens or accessing any confidential documents.

Confidentiality

• Conversations: Conversations about service users either over the phone or face to face should not take place in public areas of buildings, on public transport or in the street in order to preserve confidentiality;
• Storage of information at work: Paper records must be secured in locked cupboards / cabinets overnight;
• Office moves: It is essential that all cabinets, drawers and cupboards are fully checked and cleared before an office move. This means the removal of all personal information and documents. The drawers / cabinets must be locked or sealed once confirmed as empty. Staff must not put items in these once they are marked as empty and sealed;
• Children in care placement details: staff should ensure the section of the Me and My World Review and the Adoption Plan Review detailing who should be sent a copy is correctly completed to prevent unauthorised release of information relating to a child's placement. Identifying details of adopters must not be placed on a child's electronic record. First names only should be used and no addresses or location recorded;
• Sibling records should only be duplicated if the information is relevant to the child concerned.

Enforcement