IMPORTANT: New Information Sharing Duty Statutory Guidance from 30th September 2026
On the 10th September 2026, the government published new guidance about Information Sharing. This changes the good practice of sharing information into a duty to share. The guidance document 'Information sharing advice for safeguarding practitioners (DfE, 2024)' has now been superseded and replaced with 'Information Sharing Duty Statutory guidance for safeguarding organisations and their practitioners (UK Government, September 2026)'.
From 30th September 2026, the Children Act 2004 section 16LA, inserted by the Children's Wellbeing and Schools Act 2026, says that information sharing is a legal duty.
Where schools, settings, childminders and all childcare providers hold information relevant to safeguarding or promoting a child's welfare and sharing it may help another agency covered by the duty to take action, they must share it. There is no threshold that has to be met first.
Currently, KCSIE 2026 mentions this new duty once, at paragraph 144, describing it as a duty "intended to give staff greater confidence to share information appropriately ... and in a timely way to safeguard children". KCSIE gives no commencement date, no reference to section 16LA, and no indication that it is a requirement. Paragraph 149 then directs the reader to the old information sharing advice, which has now been replaced on the same page under the same link.
Updated guidance key changes (from 30th September 2026):
- Must, not may. The old advice reassured practitioners that the law allowed them to share. The new guidance requires it.
- 'Seven golden rules'. The new document's framing has changed and does not mention the seven golden rules, nor has it replaced them with anything similar.
- Consent. Previously, golden rule three told us to consider a family's objection to sharing and then consider overriding it. The new guidance calls that a false choice: identify your lawful basis for sharing first, then explain what will happen rather than ask for permission you do not need.
- Early help referrals. Schools must share relevant information they hold, even where the family does not agree, because consent is no longer needed. Families still choose whether to take up any support offered.
- Confidentiality. Under the duty, there is no need to consider the overriding public interest, and a disclosure made under it does not breach any obligation of confidence.
- Requests. Responding to another agency's request is now part of the duty, not good practice.
The only exception to sharing is where sharing would be more detrimental to the child than not sharing, which the guidance expects to be rare.
Data protection has never been a barrier to sharing, and that has not changed. What has changed is the question: it is no longer whether you may share, it is that you must.
Follow up actions
- Check what your safeguarding policy says about seeking consent before a referral and information sharing, and update with the new guidance information.
- Download the latest version and replace the obsolete guidance document in your reference file.
- Discuss the impact of the changes with your organisation’s Data Protection Officer.
- Review the updated guidance with your staff team, assistants and any volunteers so they understand the changes and procedures to follow if they had a concern.
You can find the guidance here: Information Sharing Duty - Statutory Guidance September 2026
The Department for Education has developed non-statutory screen use guidance for early years providers which you should be aware of. You should have regard to the guidance which is linked in the EYFS frameworks and can be accessed here: