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Unit 310

1. Understand the legal and organisational requirements for recording, storing and disclosing information and providing reports in an early year setting Assessment criterion.

1.1 identify the legislation that relates to the recording, storage and sharing of information detailed in records and reports. & 1.3 explain the legal requirements and agreed ways of working for the security and confidentiality of information.



It is very important that all settings have data protection policies and procedures. All setting should follow what the law says about how personal information should be stored and used. According to The Data Protection Act 1998, personal information about the children cannot be passed to other professionals without the parents' consent. There's only one reason when we can pass information about the child on, is if we have concerns about the child's welfare. In my setting, before we refer a child to another professional, for example, speech and language therapist we would first talk to the parents or careers. We would show the parents all the evidence that we have about our concern, through our observations which we do on the iPad, and then with the parent consent pass the information on to the professional. Under The Data Protection Act 1998, the parents have a right to see their children's records. This also helps us practitioners work in partnership with the parents. In my setting, we have we have two kinds of records on children attending our setting. One is the developmental records, which include observations of children in the setting, photographs and video clips which we do on the iPad. Each member of staff has a different password to access the child's information on the iPad, also another password to unlock the iPad. The iPad is kept in the setting when the setting is closed, locked up in the office upstairs. We also have samples of the children's work and their summary developmental reports, two-year checks, assessments etc. These are usually kept in the playroom locked up in a cupboard and can be freely accessed, by staff only, and shown to the parents at parents' meetings.
The other records are the personal records, these include registration and admission forms, signed consent forms, and correspondence concerning the child or family, an ongoing record of relevant contact with parents, and observations by staff on any confidential matter involving the child, such as developmental concerns or child protection matters and reports or minutes from meetings concerning the child from other agencies. These confidential records are stored in a lockable cabinet and are kept secure by the manager in the office or at the other nursery branch in a safe place. Only the parents of the child can see the files and records of their own children but do not have access to information about any other child. All the staff is not to discuss personal information given by parents with other members of staff, except where it affects planning for the child's needs. We retain children’s records for one year after the child had left the setting. These are kept in a secure place. All staff information is kept confidential and locked in the office upstairs, expect if there is a medical need, for example, Asthma or diabetes. Students, on training, when they are observing in the setting, are advised of our confidentiality policy and are required to respect it. If the child has any needs, for example, dietary needs, halal food only, no milk, nut allergies etc, it would be displayed on the wall where all the staff can see and check when dealing with the children.
According to Human Rights Act, Article 8 - the right to respect for your family and private life, your home and your correspondence is one the rights protected by the Human Rights Act. All the information we hold should be adequate, relevant and not excessive, we should only hold the information we need, for example, we don't need to know where the family likes to go for holidays etc. The information should be processed for limited purposes and should be fairly and lawfully processed. All the information should be accurate, for example, the contact details should be updated regularly, or maybe the child has developed an allergy while growing up that we need to know about for the safety of the child. The setting should not keep the information longer than necessary. In my setting, we would keep it up to a year after the child has left. All in personal information should be kept in a secure place, for example, locked in a cabinet. All personal information should be processed in accordance with the data subject's (persons) rights.
According to EYFS Providers must maintain records and obtain and share information (with parents and carers, other professionals working with the child, the police, social services and Ofsted or the childminder agency with which they are registered, as appropriate) to ensure the safe and efficient management of the setting, and to help ensure the needs of all children are met. Providers must enable a regular two-way flow of information with parents and/or carers, and between providers, if a child is attending more than one setting. If requested, providers should incorporate parents’ and/or carers’ comments into children’s records. In my setting, we always make sure we have the parents signed consent before sharing any information with professionals. We have one child in my setting who is in foster care, in regular meetings with the social worker our manager has to share relevant information with her. Our manager would never discuss with any of the staff about what was said in the meeting, except, if necessary, she would discuss it with the director and assistant manager. according to the Freedom of Information Act 2000 and Data Protection Acts, all parents should know that they can access information about themselves and their children at any time. However, the staff should never, under any circumstances, pass on information regarding children and their families to third parties, unless they have permission, or this is authorised by the senior management team. In my setting, all staff are told when they start work about confidentiality policies and procedures. None of the staff should the children and their families outside the setting.