1. MASH Set 3 Managing MASH Members

2. Housekeeping Introductions Fire Exits Toilets Breaks Phones
Learning Contract
Handouts

3. Aims of the Session At the end of this session participants will:
Understand the various roles of MASH manager and staff
Be clear about the framework for information sharing
Acknowledge the importance of effective supervision in the context of MASH
Have explored different ways of resolving conflict
What we would like to do today is to talk about why information sharing is important in promoting the welfare of children and vulnerable adults, the legislation underpinning, key principles and some of the challenges in working across different professional groups. This will be an interactive session and therefore we are going to give you some practice examples to work through. We would also like you to go away knowing where you can go for further advice and support

4. Role of the MASH Team manager
Will coordinate , not supervise staff. They will be expected to liaise/meet with the individual’s line manager
To coordinate safeguarding concerns where there is no immediate risk to the child
These referrals and contacts will be passed to the MASH team with a RAG priority rating
The MASH manager will then decide to:
- Pass the case to the section 47 response team
- Allocate the case to a core social work team
- Refer the case to another agency or service or
- Close the case with no further action
The MASH team manager will have the final say in all safeguarding decisions in MASH

5. Role of MASH Team Member
Will research the information their agencies hold on the child
This information will be collected, discussed and passed to the MASH manager within the timeframe required by the RAG rating
Share information where appropriate to make the best decisions for children and young people at risk
All partners will sign up to an Information Sharing Agreement that specifies what data can be shared within the MASH and what happens to that data once the MASH manager makes a decision about the case
Each agency will assess whether it is appropriate for their information to be shared in line with the Information Sharing Agreement on a case-by-case basis

6. Role of MASH team member cont..
The data will be held securely and confidentially. The MASH will have physical, electronic and managerial safeguards to ensure that sensitive information is only accessed by those who ‘need to know’ about it
Any relevant information disclosed during the MASH process will be signposted for the non-MASH professionals receiving the case
This tells them which agencies hold useful information but does not reveal the information itself. They can then contact the necessary agencies to request that information without breaching data protection rules

7. Role of the MASH team member’s line manager/supervisor
To ensure the whole team have attended the awareness/information session ( SET 1)
Training has been arranged for the MASH team members to enable them to work with the new processes and gain an understanding of the culture of the MASH and its aims to improve outcomes for children( SET 2)
The MASH staff will continue to be supervised by their own agencies. It is the responsibility of the line manager to ensure that any staff who have been identified to work as part of the MASH are skilled to undertake the role in MASH
To attend training designed for MASH line managers/supervisor (SET 3)

8. The framework for sharing information
I am going to briefly run through the key principles of the guidance which provides a framework for IS

9. Seven Golden Rules
Remember that the Data Protection Act is not a barrier to sharing information
Be open and honest
Seek advice
Share with consent where appropriate
Consider safety and wellbeing
Necessary ,proportionate, relevant, accurate, timely and secure
Keep a record
The first point to stress is that the DP is not a barrier to sharing information but is in place to ensure that personal information is shared appropriately
It is important to be open and honest with service users and families about how information will or could be shared. The exception to this principle would be if this would place someone at risk or undermine the prevention or detection of a crime.
Important to seek advice if in doubt as some of these decisions are complex and should not be taken single handed
Wherever possible consent should be obtained to share information but this can be overridden and decisions need to be made on a case by case basis
The safety and welfare of the child or vulnerable person must be the prime consideration
If we do decide to share then it is important that this is necessary proportionate etc and good practice to record reasons for decision whether to share or not

10. Key Questions Is there a legitimate purpose to share the information?
Is it confidential?
Is there a statutory duty or court order to share?
Have you properly recorded your decision?
Is there sufficient public interest to share?
If you share, is it the right information in the right way?
Do you have consent to share?
Does the information enable a person to be identified?
This slide takes you through 8 key questions that will help to inform decision making
Refer to S4 of the guidance
Must be part of your job/statutory functions
If anonymous it can be shared but mostly we are dealing with information about an identifiable person which comes within the remit of DP law
Public bodies that hold confidential informationowe a duty of confidence to the person that provided the information
If we have consent then we can share but the issue of consent can be complex, for example, whose consent should be sought and how is it obtained. Imporatnt that consent is informed and approach to seeking consent transparent
If a court order then must share
Is there a public interest to share that overides the duty of confidentiality
Can be justified if risk of significant harm to a child or risk of serious harm to an adult
If you do share needs to be shared in a proper way and decisions recorded
Important to seek advice

11. Confidential Information
Confidential information is..
sensitive, not already in public domain, shared in confidence
authorised by the person who provided it or to whom it relates
Can be shared if..
Can be shared unauthorised if justified in the public interest..
Evidence that the child is suffering or at risk of suffering significant harm
Reasonable cause to believe the child may be suffering or at at risk of suffering significant harm
To prevent significant harm to children or serious harm to adults
Practitioners must weigh up their decision – whether it is to share or not - and record the reasons for it

12. The Law
The Data Protection Act 1998
The Human Rights Act 1998
The common law duty of confidentiality
Legislation containing express powers or which imply powers to share:
The Children Act 2004 and 1989
Local Government Act 2000
Education Act 2002 and 1996
Learning and Skills Act 2000
Education (SEN) Regulations 2001
Leaving Care Act 2000
Protection of Children Act 1999
Immigration and Asylum Act 1999
Crime and Disorder Act 1998
National Health Service Act 1977 & 2006
The Health and Social Care Act 2003
Mental Capacity Act 2005
Criminal Justice Act 2003
Adoption & Children Act 2002
The Localism Act 2002
Welfare Reform Act 2012

13. The Human Rights Act Obligation to safeguard rights of children
Article 2 Right to life
Article 3 Not to be subjected to degrading treatment
Article 5 Liberty and security
Article 8 , right to privacy
But 8.2 , can be justified in interests of
National security
Public safety
Economic well being of country
Prevention of crime and disorder
Protection of health, rights and freedoms

14. Common Law Duty of Confidentiality
Not absolute
If information not confidential
If person has given consent
Overriding public interest
Court order/other legal obligation

15. The Data Protection Act 1998
Can person be identified?
Schedule 2
Consent
Protect vital interests
Court order/legal duty
Statutory function
Public function in public interest
Necessary for data controller

16. The Data Protection Act 1998
Sensitive information?
Schedule 3
Consent
Protect vital interests
Exercise legal rights/proceedings
Perform statutory function
Substantial public interests and necessary to prevent/detect crime
Necessary for medical purposes

17. The Haringey Judgement
Relates to an incident that pre-dates the establishment of a MASH
Reiterates the importance of adhering to published information sharing guidance
Reiterates the necessity of documenting all decisions about why we are seeking and sharing information and whether this is done with or without consent
Does NOT say that information can only be shared without seeking consent when the threshold for a Section 47 is reached

18. Sharing Information as part of Preventative Services
Increased emphasis on integrated working across children’s services to better identify and meet needs
Effective partnership working and information sharing between universal services and targeted and specialist services
Active processes for identifying children and young people at risk of poor outcomes (using the CAF where appropriate), and passing information to those delivering targeted support
Success depends upon…
Practitioners must:
Openly and honestly explain information sharing
Seek consent

19. Sharing information where there are concerns about significant harm
Practitioners must:
Always place child’s interests first
Always consider referral if concerns
Seek advice if unsure

20. Sharing information where there are concerns about significant harm
Issues to consider:
Significant harm can arise from varying circumstances
Serious harm to adults
Public interest
Consent where possible

21. Consent Must be informed Can be explicit or implicit
Must be openly secured
Should be reviewed
Can be withdrawn

22. Consent Practitioners must: Use clear language
Explain limits of confidentiality
Be aware of legislation
Follow procedures
Be aware of exceptions

23. Who can give or Refuse Consent?
Parent with parental responsibility
Local Authority if shared PR
Court order
Age 16 plus or under 16 if capacity

24. Assessing capacity for consent
Points to consider when assessing a person’s capacity to make a specific decision at a specific time
Does the person:
understand the question being asked of them
have a reasonable understanding of:
what information might be shared
reasons for sharing the information
implications of sharing/not sharing the information
appreciate and consider alternative courses of action
weigh up one aspect of the situation against another
express a clear personal view on the matter
keep a reasonable consistency in their views

25. What to share and how to share it
Practitioners should:
Share information necessary
Share with those who need to know
Ensure information accurate/up to date
Share it securely
Check understanding of recipient re limits of consent
Inform subject, if safe to do so
Record reasons for deciding to share

26. Conflict Resolution
There will inevitably be times when disagreements and conflicts need to be resolved
People tend towards one of the following options:
Competition
Accommodation
Avoidance
Compromise
Collaboration
Which is your preferred style of response?

27. Effective Supervision in the context of a MASH

28. Definition
“...an accountable process which supports , assures and develops the knowledge, skills and values of an individual, group or team. The purpose is to improve the quality of their work to achieve agreed outcomes.” Reference : Providing Effective Supervision Skills for Care and CWDC 2007, page 5

29. Functions of Supervision
The key functions of Supervision are:
Management (ensuring competent and accountable performance / practice)
Engagement/ mediation (engaging the individual with the organisation)
Development (continuing professional development)
Support (supportive/ restorative function)

30. Function in Management
The arrangements for organising how supervision is delivered will vary from agency to agency, but there are some key essential elements. It should:
Help to ensure that practice is soundly based and consistent with LSCB and organisational procedures
Ensure that practitioners fully understand their roles, responsibilities and the scope of their professional discretion and authority; and
Help identify the training and development needs of practitioners, so that each has the skills to provide an effective service

31. Function in practice Good quality supervision can help to:
Make sure the focus remains on the child
Avoid drift
Maintain a degree of objectivity, identify patterns (rather than just responding to incidents) and challenge fixed views
Test and assess the evidence base for assessment and decisions; and
Address the emotional impact of work

32. Supervisor’s role and responsibility
Supervisors should
Be trained in supervision skills and have an up to date knowledge of the legislation, policy and research relevant to safeguarding and promoting the welfare of children
Take care that they are handling an appropriate number of direct reports to ensure that each supervisee is receiving an adequate level of support

33. Systems and Process
Each agency should have a supervisory system in place that is accessible to the professional and reflects practice needs. Supervision should form part of day-to-day staff support, which should also include systems and procedures for :
Managing workloads
Managing , sharing and reporting individual and aggregated client information
Staff to access advice, expertise and management support

34. Systems and Process (2)
Maintaining quality standards e.g. Regular audits of cases that involve children
Staff, contractors or clients to complain or ‘blow the whistle’
Effective staff appraisal and managing poor practice

35. Points to remember Clarify roles and responsibilities
Which manager is responsible for the day to day supervision of the team member
Ensure to liaise / meet on a regular basis
Know the supervision policy in your own agency