Working Together to Safeguard Children – A guide to inter-agency working to safeguard and promote the welfare of children (2015) provides guidance about sharing information about children in England (and there is separate similar guidance applicable in Wales). In deciding whether there is a need to share information, professionals need to consider their legal obligations, including whether they have a duty of confidentiality. Where there is such a duty, the professional may lawfully share information if consent is obtained or if there is a public interest of sufficient weight. Where there is a clear risk of significant harm to a child, the public interest test will almost certainly be satisfied. Lack of consent to share information is irrelevant where there is a clear concern about a risk of harm to the child or young person.
Prosecutors must be proactive in highlighting to police officers information which is of concern to them. If it is not possible to prosecute a case, but information available causes concern to the prosecutor, they should ensure that this is brought to the attention of the relevant investigating police officers, so that they can in turn share this with the relevant agencies including Local Authorities.