ContactPoint
Shielded Records and Emergency Shielding Override
Version 2.0
25 February 2009
This document supports the following criteria for Organisational Accreditation
OA08
Policy and Process for Shielding
OA18
Policy and Process for Emergency Shielding Override Investigations
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Document History
Issue
Date
Author
Change history
1.0
24/10/08
Jane Dobinson
First Draft
1.1
31/10/08
Jane Dobinson
Addition of Shielded Records Panel Section
Addition of Shielded Records Request Forms
2.0
25/02/09
Jane Dobinson
and Process
References
Reference Name
Date/Version
Author
ContactPoint Organisational Accreditation
03/07/08/v1.1
DCSF
Michael Convey/Stoke-on-
Shielded Records
02/10/2008/v1.1
Trent
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Contents
Contents
Page 3
1
Introduction
4
2
Shielding
5
2.1
Rationale
5
2.2
Requests for Shielding from Children, Young People,
5
Parents and Carers
2.3
Response
6
2.4
Who can Shield?
6
3
Obligations to Shielded Records
7
4
Un-shielding Records
8
5
Access to Shielded Records
9
6
Subject Access Requests to Shielded Records
10
7
Emergency Shielding Override
11
8
Shielded Records Panel
12
9
Appendices
13
• Parent/Carer ContactPoint Shielding Request Form
• Practitioner ContactPoint Shielding Request Form
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Shielded Records and Emergency Shielding Override
1
Introduction
ContactPoint has the facility to hide or ‘shield’ data from ContactPoint users.
This is principally intended to prevent the whereabouts of a child being
identified either through:
• Visibility of the address details from ContactPoint, or;
• ContactPoint providing enough information for a likely whereabouts to
be deduced (e.g., a service address).
In order for the system to work effectively and for children and young people
to receive the benefits offered by ContactPoint, a shielded record will only
show the ContactPoint unique identity number, the child’s or young person’s
names, their gender and their date of birth.
Determining whether to protect a child’s whereabouts by shielding a child
record can only be done by a Local Authority (LA) which is under a duty to
consider the views of the person to whom the record relates, the views of their
parent/carer and of any Schedule 4 or 5 body (Children Act 2004 Information
Database (England) Regulations 2007) involved with the child or young
person.
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2
Shielding
2.1
Rationale
It is vital that shielding (and thereby disclosing the whereabouts of a child or
young person) is only applied where there are strong reasons, for example,
where a practitioner has reason to believe that not doing so is likely to:
• Place a child at increased risk of significant harm;
• Put a child’s placement at risk (in the case of adoption);
• Place an adult at risk of significant harm, and/or
• Prejudice the prevention or detection of a serious crime.
Such cases could arise for example where:
• A child/young person is adopted where there is little or no contact with
birth parent(s) or wider family members;
• A child/young person and/or their parent/carer, are fleeing abuse or
domestic violence; and/or
• A child/young person and/or their parent/carer or family member are
subject to police protection.
The need to shield a record may also arise for children/young people and or
their parent/carer in a very limited number of unique circumstances not
covered by these categories, for example, siblings or co-habiting children and
young people. The necessity to shield a record must therefore be assessed
on a case-by-case basis.
2.2
Requests for Shielding from Children, Young People, Parents and
Carers
When assessing whether a child/young person’s or their parent/carer’s
request to shield a child record are legitimate and to address their concerns
appropriately, it is helpful to explain:
• The differences between shielding and sensitive services;
• The reasons why records are shielded, and
• The potential disadvantages of shielding records on ContactPoint
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It would also be beneficial to consult with any lead professional and/or other
practitioners involved with the child/young person, as well as line managers,
for more information and/or professional advice.
2.3
Response
Act promptly if there are strong reasons to believe that a record needs to be
shielded. Discuss this, where appropriate, with the child and/or their
parent/carer. It is not appropriate to simply shield a record where there is an
opposition to ContactPoint in principle.
Discuss decisions with line managers before making a shielding request,
wherever this is possible.
Where appropriate, also consider the safeguarding of family members and/or
co-resident children/young people as the records for these individuals may
also need to be shielded. Also consider whether it would be useful for other
practitioners to know that the record is being shielded on ContactPoint.
The Parent/Carer must complete a Parent /Carer Shielding Request Form
(see
page
13).
Available
for
download
from:
www.cambridgeshire.gov.uk/contactpoint.
2.4
Who can Shield?
Practitioners who are users can send a shielding request to the LA
ContactPoint manager where they judge that a child record must be shielded.
To ensure that shielding is only applied where appropriate, the LA
ContactPoint Management Team will review the shielding requests it receives
and remove the shields when necessary.
Practitioners who do not have access rights to ‘shield’ a child record or
child/young person or parent/carer can make applications to the LA
ContactPoint Management Team to shield records.
Practitioners must
complete a Practitioner Shielding Request Form (see Page 14). Available
for download from: www.cambridgeshire.gov.uk/contactpoint.
Where a request to shield a child record is made directly to the LA
ContactPoint Management Team from a practitioner who is not a user or a
child/young person or their parent/carer, the request should be dealt with as a
matter of urgency. The record should be shielded immediately and then a
review of whether the shield should remain, taking into account the views of
the child/young person or their parent/carer, and those of practitioners working
with the child or young person must occur.
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3
Obligations to Shielded Records
Practitioners will identify cases in which the whereabouts of a child should be
protected either in light of their own knowledge of a child/young person and/or
their parents, wider family or carer(s), or because concerns are raised by
family or carer(s).
To ensure that the shielding facility is used and managed appropriately, the
LA ContactPoint Management Team will undertake an initial review within
seven days of the shield being requested, to determine whether or not the
record should be shielded. Periodical reviews of the shielded record will be
undertaken every six months thereafter (see page 12 Shielded Records
Panel). These reviews will seek views from the child/young person, their
parent/carers and any relevant involved practitioners.
ContactPoint will not hold any details of the shield. The LA ContactPoint
Management Team will keep a log of shielding requests and decisions as part
of the shielding review.
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Un-shielding Records
LA ContactPoint managers can un-shield records only where all data sources
or services no longer request that a record requires shielding.
To limit the cases in which a child record is left shielded unnecessarily, the LA
ContactPoint Management Team should be advised when, in professional
opinion, a shield is no longer required.
A record can only be unshielded with the authorisation of the Shielded
Records Panel (see page 12 Shielded Records Panel).
Only the LA ContactPoint Management Team will be authorised to unshield
records.
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5
Access to Shielded Records
In order to ensure that ContactPoint does not inadvertently confirm or indicate
the whereabouts of a child or young person with a shielded record, a
practitioner will only be able to find a child record by inputting information that
is visible on a shielded record. No records will be returned if a search is made
using information from any non-visible field.
If a shielded record is returned as part of a search, the shielded record will
only show minimal information, and none which will identify the child’s
whereabouts.
LA ContactPoint Management teams will have access rights to view hidden
information on shielded records so they can, where there are child protection
concerns, ‘broker’ contact (see flowchart below), between users working with
the same child. No other users will have access rights to hidden information
on shielded records, apart from those with ‘emergency shielding override’
rights.
Start:
User (Requestor) seeks
details from a 'Shielded’ record,
and contacts the LA ContactPoint
management team (LACPMT).
LACPMT verifies requestor’s
identity
LACPMT informs
LP/Other practitioner
requestor of refusal,
contact
s requestor,
User provides verification details.
recording request &
recording request and
decision
ou tcome
LACPMT searches and finds
‘shielded’ record
LACPMT lifts shield and notes
contact LP’s/other practitioner’s
details
LACPMT contacts LP/other
practitioner(s)
LP/other
Yes
practitioner(
s)
No
LP/other practitioner(s)
make decision to
informs LACPMT of
contact requestor
refusal, recording
request and decision
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Subject Access Requests to a Shielded Record
Information should only be released with extreme caution. Even confirming
the correct spelling of a child’s name may confirm the whereabouts of a child.
Such decisions need to be made on a case-by-case involving the LA Data
Protection Officer, taking into account the requestor’s identity and the nature
of the shielding decision and the views of any practitioners working with the
child.
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Emergency Shielding Override
Provision has been made in legislation for some users to have emergency
shielding override rights. This access will be restricted to child protection
workers such as police officers or social services duty workers where gaining
access to information held in ContactPoint may help inform their decision
about the appropriate action to take or which practitioners to talk to. Invoking
the emergency shielding override will immediately trigger an investigation into
the reasons for doing so. Examples of when such access might be required
include:
• When a multi-agency meeting or risk assessment is needed (MARAC);
• To fulfil legislative requirements or the functions of (for example) the
LSCB;
• A&E attendance;
• Serious illness/accident;
• ‘Missing’ or ‘Found’ child;
• A review carried out under section 47 of the Children Act 1989;
• Serious case review;
• Child death enquiry, and
• An investigation of a crime toward or by the child/young person.
If a user needs to access a ‘shielded’ record out-of-hours they may invoke the
emergency shielding override and the hidden details will be available to them
for this one time only. No other ContactPoint users will be able to access the
non-visible data in a shielded record unless they too invoke the emergency
shielding override function.
A user who has invoked an emergency shielding override must assist the
investigation which follows and be able to explain their reasons for accessing
the ‘shielded’ record.
If a shielded record has been accessed the LA ContactPoint Management
Team must immediately begin an investigation in order to confirm the
legitimacy of the action. At the start of the review the manager of the user
who has invoked the emergency shielding override will be contacted to find
out whether the access to the record was appropriate.
The practitioners/organisation who initially requested the shield will also be
contacted so that the necessary safeguarding/child protection procedures are
initiated.
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Shielded Records Panel (Process TBC in Cambridgeshire)
It is recommended that each LA convene a Shielded Records Panel (SRP).
The purpose of the SRP is to review shielded records and to determine if a
record should or should not remain shielded.
The SRP should be a multi-agency group. However, the LA is accountable for
all activities in relation to ContactPoint.
The SRP will be the only body that is able to authorise the unshielding of a
record. The LA ContactPoint Management Team will act as executors of the
SRPs will in relation to shielded records.
Records can be unshielded for one of two reasons:
• All requests for shielding have been removed and the SRP give their
approval for the shielding to be removed
• The SRP determines that a record is inappropriately shielded and
authorises its unshielding
The SRP will meet on a monthly basis and review all records
• That have been shielded for six months or for a multiple of six months
• All records that have had all requests for shielding removed from them
Reviews to determine shielding may, where appropriate, consult:
• any practitioner who has requested shielding
• the practitioner’s line manager who would need to confirm that
shielding is appropriate
• other practitioners involved with the child
• child/young person and/or parents/carers
• The Local Children Safeguarding Board (LSCB).
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Appendices
Parent/Carer ContactPoint Shielding Request Form
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Practitioner Shielding Request Form
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