Stop Asking “Can I Share This?” – The New Safeguarding Information Sharing Duty

From 30 September 2026, a new statutory Information Sharing Duty comes into force in England, and it has important implications for Early Years settings.

At its heart is a simple but significant change in thinking.

For years, safeguarding professionals have sometimes been reluctant to share information because of concerns about confidentiality, GDPR or not having parental consent.

The new guidance makes the direction of travel much clearer:

Stop asking “Can I share this?” and start asking “Should I share this?”

It isn’t just about serious safeguarding concerns

The duty isn’t limited to situations where you believe a child is at risk of significant harm.

Information may need to be shared where it could help another relevant organisation safeguard or promote a child’s welfare, including identifying needs early, providing support or preventing concerns from escalating.

That means seemingly small pieces of information could matter.

Perhaps a child is regularly arriving hungry. Attendance has changed. A parent has made an unusual comment. A practitioner has noticed a change in behaviour.

You might not have enough information to understand what is happening.

But someone else might hold another piece of the puzzle.

“But the parent hasn’t given permission…”

This is where managers and practitioners need to be particularly careful.

Consent is not always required to share safeguarding information.

That doesn’t mean GDPR can be ignored. Information sharing must still be necessary, proportionate, relevant and secure.

However, “We don’t have consent” should not automatically become a reason for doing nothing.

Where consent isn’t the appropriate lawful basis, asking a parent for permission can actually create confusion. Where appropriate and safe, the conversation may instead be about telling them what information is being shared and why.

Employee information can be relevant too

The duty isn’t only concerned with information about children.

Information about adults connected with a child may also be relevant. For nursery employers, that could potentially include information discovered through an HR, disciplinary or safer recruitment process.

HR confidentiality should never automatically create a wall around information that is genuinely relevant to safeguarding.

That doesn’t mean handing over an employee’s entire personnel file. Share the relevant and necessary information, not everything you happen to hold.

What should nursery leaders do now?

Before 30 September, review your safeguarding procedures, privacy information and staff training.

Most importantly, make sure colleagues understand that they shouldn’t dismiss information simply because it doesn’t appear serious enough on its own.

Encourage them to ask:

What do I know? Could it be relevant to a child’s welfare? Could someone else need to know? Who should I tell? Have I recorded my decision?

Sometimes safeguarding is about recognising that the small piece of information you hold could be the piece that completes someone else’s picture. If we can be of any assistance with an aspect of HR please call the team on 01527 909436.