Safeguarding Adults Procedures

116 2.3. The framework does not cover complaints or concerns raised about the quality of the care or professional practice provided by the person in a position of trust. Concerns or complaints about quality of care or practice should be dealt with under the relevant agency or individual complaint, competence or representations processes. 3. Principles 3.1. There is no primary statutory duty specifically about the position of trust so actions taken must be in line with other relevant statutory provision, e.g. Data Protection Act 2018, Human Rights Act 1998 and employment legislation. 3.2 As with all safeguarding adults work the six statutory principles – empowerment, prevention, proportionality, protection, partnership and accountability - should inform this area of activity. A full explanation is at the Introduction to the Procedures (see page 6) 3.3. It is important to remember that the person in the position of trust is entitled to ask to see any information held about them, and this should be done unless that it would endanger an adult at risk or child. It is also good practice to seek the adult’s consent to share the information, provide the opportunity to share the information themselves, and offer the right to reply. 4. Legal framework - Confidentiality 4.1 The rules on confidentiality, privacy and the need to safeguard personal information arise from legislation and case law. They recognise the need for fair and ethical treatment of information. 4.2 The common law duty of confidentiality is not a written Act of Parliament but established by Court judgements. It recognises that some information has a quality of confidentiality, which means that the adult or organisation that provided the information has an expectation that it will not be shared with or disclosed to others. For information to have a quality of confidentiality it is generally accepted that:  it is not “trivial” in its nature,  it is not in the public domain or easily available from another source,  it has a degree of sensitivity,  it has been communicated for a limited purpose and in circumstances where the individual or organisation is likely to assume an obligation of confidence.  For example, information shared between a solicitor/client, health practitioner/patient. In such circumstances the information should only be disclosed:  with the permission of the provider of the information; or,  if the confidentiality requirement is overridden by legislation; or,  if an effective case ‘that it is the public interest’ can be made. 4.3 Decisions on sharing information must be justifiable and proportionate, based on the potential or actual harm to adults or children at risk and the rationale for decision-making should always be recorded 4.4 Information about adults, children and young people at risk between agencies should only be shared:  where relevant and necessary, i.e. not necessarily all the information held,  with the relevant people who need all or some of the information,  when there is a specific need for the information to be shared at that time 4.5 The General Data Protection Regulation (GDPR) and Data Protection Act 2018. The 7 golden rules for information sharing