CKS is no longer commissioned by the National Institute for Health and Clinical Excellence (NICE). NICE remains committed to providing a replacement service for CKS and is currently reviewing its options. In the meantime, although CKS content is now not being maintained, it still remains relevant and will continue to be made available. CKS content was generated under a programme of topic creation and update. To check if the topic you are viewing is current or out of date, please refer to the topic publication details by clicking on the 'How up-to-date is this topic?' link in the left hand menu on individual topic pages.
Production of records
All forms of records are subject to access and disclosure under the following circumstances
- With Client/Patient consent (for a child consent must be from a person with Parental Responsibility, see Child protection and consent.
- Data Protection Act 1998
- Access to Health Records Act 1990
- Freedom of Information Act 2000
- Pursuant to a Court Order or witness summons
- Police and Criminal Evidence Act 1984 section 11 (plus case law)
If the Clinician is called upon as a witness in any type of court proceedings, or is required to share information with other agencies in the child protection arena, it will be of enormous assistance to the Clinician, if he or she can refer back to a good written record. If called upon to provide a Statement for the purposes of criminal or civil court proceedings or prepare a report for another agency (such as Social Services) it is advisable for the Clinician to seek advice from a line manager (if any), the professional body governing the Clinician, or to seek specific legal advice. Each health trust will employ a firm of solicitors who will be able to advise on the format and information to be included in the Statement.
Specific guidance on child protection
- BMA "Doctor's responsibilities in child protection cases. Guidance from the Ethics Department" (June 2004)
- Royal College of Paediatrics and Child Health "Responsibilities of Doctors in Child Protection Cases with regard to Confidentiality" (February 2004)
- Also see Child protection procedures, each Local Authority area has a Local Safeguarding Children Board (LSCB) and each Health Trust should have internal guidance and procedures in place.
Clinicians' obligations to keep good records and to share information in the context of child protection will be supplemented by Information Sharing Indexes, which are being implemented as part of the Government initiative "Every Child Matters. Change for Children." The legislation underpinning this initiative, contained in The Children Act 2004, is not yet in force. Guidance and updates are provided at www.everychildmatters.gov.uk/strategy/guidance.
This information is for educational purposes only and is not intended to substitute seeking legal or clinical advice where appropriate. For further legal information, please contact the Law Society of England and Wales at www.lawsociety.org.uk.
This guidance is produced by WardHadaway.
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© NHS Institute for Innovation and Improvement