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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Solicitor and safeguarding

19 replies

ProclivityForPyrotechnics · 19/05/2022 06:23

DH is a solicitor and we've just had a big argument because I reported someone to social services due to safeguarding concerns. (I'm a nurse) and I have a duty to report any concerns.

He said that even if he had safeguarding concerns he couldnt report his concerns to social services because his meetings with his client are confidential/ privileged so he is bound by solicitor client confidentiality. I think he's wrong because.

Who is wrong?

OP posts:
Nahnanananahna · 19/05/2022 06:31

He's wrong. There are situations where he is can disclose regardless of client confidentiality. This includes preventing future harm to children or vulnerable adults and intentions of severe self-harm. He's not required to disclose so he'd need to decide on a case by case basis whether the risk of harm is serious enough.

There are situations where he has to disclose - easy example is where he suspects money laundering. He has a strict legal obligation to disclose that overrides his confidentiality obligation.

girlmom21 · 19/05/2022 06:31

Client confidentiality only applies to the matter at hand, doesn't it? So if he was dealing with a house purchase and suspected his client of child abuse he could report that.

Choufleurfromage · 19/05/2022 06:35

ProclivityForPyrotechnics · 19/05/2022 06:23

DH is a solicitor and we've just had a big argument because I reported someone to social services due to safeguarding concerns. (I'm a nurse) and I have a duty to report any concerns.

He said that even if he had safeguarding concerns he couldnt report his concerns to social services because his meetings with his client are confidential/ privileged so he is bound by solicitor client confidentiality. I think he's wrong because.

Who is wrong?

Check your NMC Code of Conduct if you are a registered nurse. That outlines situation in which confidentiality can be broken

MakeItRain · 19/05/2022 06:35

He is wrong. It's really concerning that he believes this. Do a Google search for him, and show him that he's obliged to report safeguarding concerns (I did this and found it within seconds).

Original poster
ProclivityForPyrotechnics · 19/05/2022 06:36

His clients are really vulnerable there is nothing like money laundering think prison and dv etc. he deals with people being evicted illegally, being made homeless with children.

I think I'm right. He needs to report safeguarding concerns so he can support his clients more?

He's the type of person who will need me to back up my thoughts. So I'm going to have a look at the sra website today. Does anyone know if there is a policy about safeguarding?

The nmc obviously require us to report concerns, does the SRA?

OP posts:
Original poster
ProclivityForPyrotechnics · 19/05/2022 06:36

@MakeItRain thank you

OP posts:
Original poster
ProclivityForPyrotechnics · 19/05/2022 06:38

@Choufleurfromage I am a registered nurse, I know when I should report, this is about my husband and the SRA.

In my case there was a clear case of neglect: I know I did the right thing

OP posts:
Doveyouknow · 19/05/2022 06:43

There are times when a solicitor can break confidentiality requirements e.g. when a life is at risk. However, they are limited. Both the sra and the law society provide guidance on this but it really depends on the circumstances of the case. It's not straightforward. I don't think there is a duty to report in the way there would be for a nurse or teacher.

XelaM · 19/05/2022 06:46

www.sra.org.uk/solicitors/guidance/confidentiality-client-information/ Here is the SRA guidance to Rule 6.3 of the Solicitor's code of conduct (duty of confidentiality)

Nahnanananahna · 19/05/2022 06:47

@MakeItRain what source has said he's obligated to disclose? Except in specific situations (eg money laundering) solicitors aren't any more obligated to report crimes/potential harm than any member of the public.

XelaM · 19/05/2022 06:48

As @Doveyouknow says, the circumstances in which a solicitor can breach confidentiality are very limited (see the guidance I posted above). Also, it has to be done before and not after the event

Original poster
ProclivityForPyrotechnics · 19/05/2022 06:50

Ah fair enough! Seems he might be right!

OP posts:
Choufleurfromage · 19/05/2022 07:32

ProclivityForPyrotechnics · 19/05/2022 06:38

@Choufleurfromage I am a registered nurse, I know when I should report, this is about my husband and the SRA.

In my case there was a clear case of neglect: I know I did the right thing

Hi, sorry, didn't mean to imply you didn't know, just that you could use Code to show him situations where you as a professional who is also bound by confidentiality, can break it. 🙂

Mummyoflittledragon · 19/05/2022 07:32

Having read that document, I am reading your dh can’t disclose something a person did after the event. I don’t have any legal training. But the following is my understanding…

If a client disclosed they have in some way abused a child, he cannot inform the authorities as this would be disclosure after an event. But if he believes due to past or current attitude/ behaviour etc the person will continue to do so and that this would put the child at serious risk, it is proportionate to report his suspicions about the person to a relevant authority. In this case, the police. In so doing, he would also need to decide whether or not to disclose what his client had admitted to him. If he did so, he would need good reason this was warranted as he would be breaking client confidentiality.

This sounds really horrible from a safeguarding perspective. However, solicitors couldn’t successfully defend their client if this protection were not in place. It would prejudice the case. And do bear in mind some people confess when they are innocent.

Nahnanananahna · 19/05/2022 07:38

He's not right. Taking an extreme example - if he is defending a client in a child sexual abuse case and the client tells him "I did it", he can't disclose that (but he wouldn't be able to continue to act if the client was pleading not guilty). If the client said to him "I have groomed another child online and we've arrange that they will meet me tonight and I plan to kidnap and abuse them" then he almost certainly can breach confidentiality and disclose. It's about preventing harm.

There are other situations as well - the duty of confidentiality does not require a solicitor to be closed lipped to fraud being committed etc.

Nahnanananahna · 19/05/2022 07:41

But it's a higher bar than for a nurse - he can only disclose if the harm is in the future (and doesn't have to) and I believe you have to disclose even post the event. There are things you would be obligated to disclose that he can't disclose.

XelaM · 19/05/2022 07:46

@Nahnanananahna He's not right. Taking an extreme example - if he is defending a client in a child sexual abuse case and the client tells him "I did it", he can't disclose that (but he wouldn't be able to continue to act if the client was pleading not guilty).

That's not right, sorry.

I'm a solicitor and you can continue to act for your client in these circumstances as long as he agrees to remain silent and not put a positive defence forward, so all you do is put the prosecution to proof. The burden of proof is still on the prosecution to prove the case beyond reasonable doubt, so you can in theory continue to act and show that the prosecution do not have enough evidence to prove the case. A verdict of not guilty does not mean the person is innocent- just that there was not enough evidence to prove the case beyond reasonable doubt.

Nahnanananahna · 19/05/2022 08:06

@XelaM - agreed. Sorry I was over simplifying plus criminal law was a while ago :)

yellowsuninthesky · 19/05/2022 10:04

I think if I knew someone was likely to do someone harm as a solicitor I would disclose it. For example if someone left my office clearly drunk and I knew they were going to drive. The SRA is a nonsensical organisation but even they would be hard pushed to make an allegation of breaching client confidentiality stick in those circumstances. Isn't it interesting that money laundering trumps child safeguarding?

Anyway sometimes you have to put what's right ahead of your career. Pity politicians don't subscribe to that view!

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