New legal duty to share safeguarding information begins

A new legal duty to share information to safeguard children comes into force in England today, 30 September 2026, according to statutory guidance from the Department for Education (DfE).

The duty was added to the Children Act 2004 by the Children's Wellbeing and Schools Act 2026. The DfE's statutory guidance on the duty says it applies to early years and education.

What the duty means

Organisations covered by the duty must share information they consider relevant to safeguarding or promoting a child's welfare. This applies where they consider sharing may help another covered organisation with its work to safeguard children or promote their welfare.

The duty also applies when another covered organisation asks for information. Sharing under the duty does not breach any obligation of confidence.

The guidance says consent is not needed to share information under the duty. Information must still be shared if the only concerns are a lack of consent, a parent being unhappy on principle, or a practitioner feeling unsure.

Practitioners who feel unsure should seek prompt advice from their manager or safeguarding lead, the guidance says.

The duty does not apply if the organisation considers that sharing would be more detrimental to the child than not sharing. The guidance says such decisions should be rare.

Who is covered

The duty covers bodies such as local authorities, integrated care boards, NHS trusts and the police. It also covers designated childcare or education agencies, which the guidance says are listed in 2018 regulations.

Those regulations include maintained nursery schools and childcare providers registered under the Childcare Act 2006.

The guidance says the duty applies to situations that arise after it comes into force. Organisations do not have to apply it to earlier decisions, but may choose to where need is identified or there are ongoing concerns.

The guidance

The DfE published the final guidance on 10 September, with two template data sharing agreements for local areas to adapt. It replaces the DfE's existing information sharing guidance.

Covered organisations must have regard to the guidance. The DfE says regulators and inspectorates may consider compliance when assessing effectiveness.

The guidance should be read alongside Working Together to Safeguard Children and the early years foundation stage (EYFS) statutory framework.