In most situations, it will be appropriate to share any concerns you have identified with the family and to obtain their consent to sharing information with others. However, as discussed earlier, there may be situations where to discuss your concerns with the family could put the child at greater risk or may put you or your staff at risk. In practice, such situations are rare.

Restrictions on sharing information are embodied in the:

• common law duty of confidence
• Human Rights Act 1998
• Data Protection Act 1998

Within these frameworks there is provision for sharing information where:

• those likely to be affected consent; or
• the public interest in safeguarding the child’s welfare overrides the need to keep the information confidential; or
• disclosure is required under a court order or other legal obligation.

Therefore, if you have concerns about a child's welfare, and you consider the sharing of information to be important in safeguarding that child, you should consider sharing that information even if you are unable to gain parental consent to do so. Sources of further guidance include the defence organisations (Dental Defence Union, Dental Protection Limited, MDDUS or other) and PCT Caldicott guardians (see also Further information). Defence organisations welcome enquiries from practitioners in any and every situation and can provide immediate advice and legal assistance if necessary.