The Purpose of this Protocol

This protocol forms the basis for ensuring best practice around the lawful exchange of information between organisations working with adults with care and support needs (referred to as “the adult”) in Berkshire. This includes the exchange of information through adult safeguarding, and intervention mechanisms such as MARM (Multi-Agency Risk Management Framework), MARF (Multi-Agency Risk Framework) or MART (Multi-Agency Risk Tool) platforms, or under s.44 of the Care Act.

This protocol should be read in conjunction with existing information sharing agreements between agencies, and all agencies must continue to follow those relevant local agreements when dealing with specific issues.

Partner Organisations

• Bracknell Forest Borough Council
• Reading Borough Council
• Royal Borough of Windsor & Maidenhead Council
• Slough Borough Council
• West Berkshire Council
• Wokingham Borough Council
• Thames Valley Police
• Thames Valley Integrated Care Board
• NHS England
• Berkshire Healthcare Foundation Trust
• Royal Berkshire Hospital Foundation Trust
• Frimley Hospitals Foundation Trust
• South Central Ambulance Services
• Probation Service
• Royal Berkshire Fire and Rescue Service
• Organisations involved with adults with care and support needs in Berkshire

By becoming a partner to this protocol, Partner Organisations are making a commitment to apply the Information Commissioner’s Code of Practice’s ‘Fair Processing’ and ‘Best Practices’ Standards and adhere to or demonstrate a commitment to achieving the appropriate compliance with the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).

This protocol is not legally binding but is to be used to set good practice standards that the Partner Organisations need to meet in order to comply with relevant legal duties in relation to the sharing of personal information.

The protocol applies to all staff employed by the organisations: permanent or temporary, consultants, casual, agency workers and any volunteers.

It refers to all and any information held on a computer system (in the cloud or hard drive) or on paper including personal data and sensitive personal data as defined in the DPA and the UK GDPR. Partner organisations are expected to have their own protocols to cover the requirements as to how data may be stored or transported, by email or otherwise. It is required that all partner organisations adhere to their existing policies in place about how information can be shared and how documents must be marked.

There are existing legal requirements and protocols in place which cover when information should be shared between other organisations and the police in the event of an ongoing criminal investigation or trial. This protocol does not override those existing arrangements. However, there may be emergency situations in the context of safeguarding under the Care Act, when police require information immediately, in which case this protocol will apply with regards to providing the information needed to address that emergency.

This protocol covers:

• confidentiality
• reasons for sharing information
• consent and when it is unnecessary or inappropriate to secure it
• data protection and liaison officers
• security
• raising concerns about internal processes: “whistleblowing”
• keeping data safe: exchange storage and retention