Children’s Wellbeing and Schools Bill
Debate between Baroness Neville-Rolfe and Baroness Smith of Malvern(3 weeks, 6 days ago)
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Baroness Smith of Malvern (Lab)
My Lords, I rise to speak to the amendments in group six, tabled by the noble Baroness, Lady Barran. Amendments 44, 47 and 48 seek to require practitioners to keep records of decisions made when processing information under the new information-sharing duty. I completely agree with the noble Baroness, Lady Barran, that documenting such decisions is important for the reasons that she outlined. This principle is already embedded in the non-statutory guidance Information Sharing: Guidance for Practitioners and Managers, as well as in the Information Commissioner’s Office’s A 10 Step Guide to Sharing Information to Safeguard Children, both of which promote clear and proportionate record keeping.
In relation to the points that the noble Baroness made about smaller organisations having to carry this out, I shall read an extract from the non-statutory guidance that I think is helpful. It includes the advice:
“Record the reasons for your information sharing decision, irrespective of whether or not you decide to share information. When another practitioner or organisation requests information from you, and you decide not to share it, be prepared to explain why you chose not to do so. Be willing to reconsider your decision if the requestor shares new information that might cause you to regard information you hold in a new light. When recording any decision, clearly set out the rationale and be prepared to explain your reasons if you are asked”.
Furthermore, data protection legislation includes key principles such as lawfulness, transparency and, crucially, accountability, which require organisations to demonstrate compliance with data protection obligations.
Our plan is, as the noble Baroness surmised, to introduce statutory guidance covering matters such as appropriate record keeping. Agencies must have regard to the guidance in discharging the duty, which further strengthens the position of recording decisions. We think this strikes the right balance by ensuring that audit trails are in place, as she outlined, without placing unnecessary administrative burdens on practitioners who are already, as she said, working under significant pressure. I hope that has reassured the noble Baroness, Lady Barran, and that she will feel able to withdraw the amendment.
Baroness Neville-Rolfe (Con)
Could the Minister perhaps show us an example of the kind of guidance that is already given to a childminder or a small primary school? Presumably that is going to be enhanced—I think she said that earlier. Are there, say, 30 questions? Is it just a small form? Is there an online option? Generation Z, of course, is increasingly keen to report online.
Baroness Smith of Malvern (Lab)
I did read an extract from the non-statutory guidance that already exists, Information Sharing: Advice for Practitioners Providing Safeguarding Services for Children, Young People, Parents and Carers. As I also said, there is the Information Commissioner’s Office’s A 10 Step Guide to Sharing Information to Safeguard Children. I am sure they are 10 straightforward steps.
Sex and Gender: Official Data
Debate between Baroness Neville-Rolfe and Baroness Smith of Malvern(7 months, 1 week ago)
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Baroness Smith of Malvern (Lab)
My noble friend is absolutely right. It is important that academics and researchers can do their work. It is important that government statistics are determined and regulated independently of government and political arguments. The work plan that will be set out in December is intended to ensure that this happens.
Baroness Neville-Rolfe (Con)
My Lords, as this Question is about the census, will the Minister encourage the Cabinet Office to do something about the lack of comparability, between England on the one hand and Scotland and Wales on the other, of many vital statistics of importance to the public, such as waiting times in the NHS? This was highlighted by the excellent independent review of the UK Statistics Authority by Professor Lievesley, and it would be nice to see progress in that area.