MASH Set 3

Managing MASH Members

Housekeeping

• Introductions• Fire Exits• Toilets• Breaks• Phones• Learning Contract• Handouts

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

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

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

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

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)

The framework for sharing information

Seven Golden Rules

1. Remember that the Data Protection Act is not a barrier to sharing information

2. Be open and honest3. Seek advice4. Share with consent where appropriate5. Consider safety and wellbeing6. Necessary ,proportionate, relevant,

accurate, timely and secure7. Keep a record

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?

Confidential Information

• 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

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 unauthorised if justified in the public interest..

Can be shared if..

Practitioners must weigh up their decision – whether it is to share or not - and record the reasons for it

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

The Law

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

Common Law Duty of Confidentiality

Not absolute

• If information not confidential

• If person has given consent

• Overriding public interest

• Court order/other legal obligation

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

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

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

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

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

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

Consent

• Must be informed• Can be explicit or implicit• Must be openly secured • Should be reviewed • Can be withdrawn

Consent

Practitioners must:

• Use clear language• Explain limits of confidentiality• Be aware of legislation• Follow procedures

Be aware of exceptions

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

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

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

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?

Effective Supervision in the context of a MASH

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

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)

Function in ManagementThe 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

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

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

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

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

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