The Education Act 2002 Section 175



Part, Section or Article

Section 175

Partners Involved in Information Sharing

Local Authorities with a responsibility for Children
Relevant education providers within the area of the LA

Application and Explanation of Use as a Legal Gateway

Similarly to the duties posed on LAs by Section 11 of the Children Act 2004, this section gives maintained schools a statutory duty to promote and safeguard the welfare of children, and have due regard to guidance issued by the Secretary of State. Section 175 is also applicable through the Education (Independent School Standards) Regulations 2014, and the Non-Maintained Special Schools (England) Regulations 2015.

To this end, the Statutory Guidance in Keeping Children Safe in Education must be applied by schools and that the law requires information to be shared where staff have concerns regarding a child’s welfare, including safeguarding concerns, and that the school must discuss those concerns with referrals to relevant agencies. This information can be shared without consent where it is not possible to gain consent, if it cannot be reasonably expected that a practitioner gains consent, or if gaining consent would place the child at risk.

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