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Sharing information involves both the collection and disclosure of personal information. Deciding which laws apply and what information to share can be complicated, but there are some guiding rules.
Work through from question 1 to question 5 and stop when you can answer ‘yes’. If the answer to all of the five questions is ‘no’, then disclosure should be unnecessary, and should be avoided, at least for now.
Remember that the proportionality principle always applies – you should only provide as much information as is reasonably necessary to achieve your objectives.
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Example: Miss S
Miss S is an 18 year old woman, 16 weeks pregnant, with previous CYF involvement as a child.
Scenario:
The GP has reasons to believe the couple is not being truthful about their circumstances and wants to know if the circumstances meet the threshold for a referral to a multi-agency team prior to another discussion with Miss S. The GP sought the couple’s consent but they refused.
Escalation Ladder Step 1:
Can we get by without naming names? The GP could initially use this Step 1 approach and contact the MAT to find out whether a referral would be appropriate without identifying the family.
For more scenarios, please download the Escalation ladder booklet.pdf
Example: Miss A
Miss A is 16 years old and 25 weeks pregnant.
Scenario:
The school nurse asks Miss A if her case can be referred to a multi-agency team.
Escalation Ladder Step 2:
Have they agreed? If Miss A consents, the referral to the MAT can be made. If consent is refused, the school nurse can explore further steps of the Escalation Ladder.
For more scenarios, please download the Escalation ladder booklet.pdf
Example: Miss D
Miss D is 24 years old and in her fourth pregnancy.
Scenario:
A whānau ora provider wants to make a referral to the multi-agency team without Miss D’s consent. To fully assess her case, other services have to be involved including CYF, a midwife, and an addictions clinician. The provider has explained to Miss D that one of the ground rules for participating in their service is that information can be passed on where there are safety concerns and where necessary to conduct an assessment.
Escalation Ladder Step 3:
Have we told them? Yes, because Miss D was told that information could be shared if there were safety concerns.
For more scenarios, please download the Escalation ladder booklet.pdf
Example: Boy AB
Boy AB is an eight year old boy.
Scenario:
Boy AB’s mother reveals current violence towards her on a monthly basis by her partner, who is the boy’s father. The severity of the violence is increasing but she does not believe she will be seriously hurt. Her partner’s behaviour is becoming increasingly unpredictable. He has a history of mental health issues. The children are never hit but they witness the violence towards their mother. She refuses a referral to a family violence agency and says her partner is unlikely to attend a family conference.
Escalation Ladder Step 4:
Is there a serious threat here? Yes. The threshold is serious threat which requires consideration of imminence, likelihood and severity. This example would tick all three criteria as it is relatively imminent (monthly), likely (is happening regularly) and relatively severe.
For more scenarios, please download the Escalation ladder booklet.pdf
Many different laws allow personal information to be shared. For instance:
Example: Baby AJ’s brother
Baby AJ is a four month old boy.
Scenario:
The mother says Baby AJ’s brother often suffers from minor illnesses but is otherwise doing well. The mother refuses the support that’s offered and refuses to give permission for any agency to contact other agencies about her son.
Escalation Ladder Step 5:
Is there another legal provision you can use? For example, can a clinician contact a GP, midwife or a Plunket nurse without the mother’s consent? Yes. Under section 22F of the Health Act, health information can be requested by someone who needs it to provide health services. This includes social workers, care and protection coordinators, police officers, Ministry of Health employees, and district health board employees exercising or performing functions under the New Zealand Public Health and Disability Act 2000.
For more scenarios, please download the Escalation ladder booklet.pdf
If the answer to all of the five questions is ‘no’, then disclosure should be unnecessary, and should be avoided, at least for now.
The Privacy Commissioner operates a free phone line (0800 803 909) that can be used to help with questions around disclosing information.