Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the adequacy of law and statutory guidance to ensure that safeguarding, youth justice and mental health agencies can share relevant risk information without parental consent where necessary to protect public safety and prevent serious harm; and whether she plans to (a) clarify and (b) strengthen information sharing powers in such cases.
Where existing statutory frameworks underpin safeguarding processes, there is no requirement for parents or carers to co-operate. However, parental or carer consent is not required for agencies to share information relating to safeguarding and child protection. This is set out in Department for Education guidance on information sharing for safeguarding practitioners.
Government is making this even clearer through the Children’s Wellbeing and Schools Bill, which includes a new Information Sharing Duty for the purposes of safeguarding and promoting the welfare of children, and will be accompanied by statutory guidance to support frontline practitioners to understand their responsibilities.
Where a safeguarding concern has been identified relating to a child or young person, or there is suspected criminality relating to knife-related violence, multi-agency and law-enforcement partners can share information and conduct investigations without the consent of the relevant parent or guardian.
In relation to Youth Justice processes, there are legal obligations that can be placed on parents and carers, to ensure that any risk relating to a minor can be appropriately managed. A court can issue a Parenting Order in a number of different circumstances, where children are engaged in criminal or antisocial behaviour. Parenting Orders require the parent or guardian to attend counselling or parenting support sessions and comply with other requirements the court considers necessary. Non-compliance can lead to breach proceedings in court and is punishable with a fine.
Criminal orders that are placed on a child or young person themselves are applied by the court and generally (with few exceptions) parental or carer consent is not required.
Where there are concerns that a child or young person is involved in criminality, and to protect public safety and prevent harm, the police will take forward their enquiries as appropriate, and parental or carer cooperation is not required to share information, conduct an investigation, place a minor under caution, or charge a minor with a criminal offence.
The law already provides significant stop and search and wider enforcement powers, enabling police to disrupt immediate risk and remove weapons from the streets, including without the need for reasonable suspicion. Police can also arrest suspects, seize weapons, and evidence, and conduct searches of persons and premises where legal thresholds are met. These powers apply to children as well as adults. Where these powers are used on children, they are subject to additional statutory safeguards under the Police and Criminal Evidence Act 1984 and its Codes of Practice to protect welfare and ensure proportionality.
The Southport Inquiry Phase 1 report, published on 13 April, considers in detail the actions of the perpetrator’s parents and many of the issues raised here. The Chair has rightly raised the challenging question of how to minimise the risk that parents may choose not to co-operate or report concerns to safeguarding agencies such as social care or healthcare, or the police about their child having knives or other weapons, and has made two recommendations relevant to parents.
In relation to future changes to strengthen oversight and powers, Government is considering these recommendations alongside the others in the report and will respond by summer 2026.