7. Confidentiality: General

• Where there is a Child Protection Issue; including physical, emotional or sexual abuse, sexual exploitation, domestic violence or neglect
• Where the life of a person is at risk
• Where a member of staff is summoned by a court of law to give evidence
• Where an act of potential terrorism is involved.

• 'significant harm':
  If workers are satisfied that a young person is not at risk of "significant harm" (see Appendix 2, section 2 in the U&S policy)
• 'of sufficient understanding and intelligence':
  If workers are satisfied that the young person concerned is sufficiently mature ("of sufficient understanding and intelligence" in legal terms), to appreciate the nature and implications of their behaviour (see Appendix 3)
• 'In loco parentis':
  Confidential information should never be used against a child or young person. This includes confidential information held by those professionals working 'in loco parentis’
• The Legal Position:
  Workers should always work within the law and the legal position should be clearly explained to the child or young person. The law provides considerable protection for those confiding information. With the exception of cases of terrorism, there is no general duty in criminal law to disclose information that criminal offences have been committed (see section 14 and Appendix 5)
• The 'bottom line':
  Although it is important when possible to maintain confidentiality throughout contact with children and young people, clarity is also important and workers must avoid promising complete confidentiality which they cannot professionally guarantee. Understanding of all aspects of the U&S policy, including confidentiality, will help in retaining the trust of children and young people and sustaining professional relationships with colleagues, parents and carers. Improving children and young people's trust in confidentiality should help remove one of the main barriers, which may deter them from seeking early information, guidance and support.