The Pharmaceutical Journal
Vol 275 No 7380 p758
17 December 2005

Society summary

Professional discretion advised in reporting sexual activity in children

Guidance approved by the Council of the Royal Pharmaceutical Society advises pharmacists to use their professional discretion when deciding whether to comply with local child protection protocols that require health professionals to report to social services and the police any instances where a child under 13 years is engaging in sexual activity.

The implications of local child protection protocols were considered by the Council at the December Council meeting. The Council heard that, as a result of the changes introduced by the Sexual Offences Act 2003, and following the recommendations of the Bichard Inquiry (the independent inquiry arising from the Soham murders), area child protection committees in England and Wales are beginning to develop local protocols for managing sexual abuse and sexual activity in children and young people. Because the Sexual Offences Act 2003 considers children 13 years old and under to be of insufficient age to give consent to sexual activity, a number of protocols require referral to social services and the police of all cases where a child under 13 years is believed to be, or has been, engaging in sexual activity. The British Medical Association, the General Medical Council, the Royal College of Nursing and other professional organisations have raised concerns about the potential implications of this requirement on professional practice and on children seeking advice and help from health professionals.

Sharing the concern of these organisations that automatic reporting of sexually active children could prevent them seeking medical advice and support, the Council agreed that pharmacists should decide on a case-by-case basis whether there is a need for referral.

The Council agreed to publish an interim guidance statement. It appears this week in a Law and Ethics Bulletin and will also be made available from the ethics section of the Society’s website. More detailed guidance for pharmacists on managing sexual abuse and sexual activity in children and young people is to be developed in due course.

Commenting on the Council’s decision, the Society’s head of professional ethics, Lynsey Balmer said: “Pharmacists have a duty to safeguard children and need to be vigilant to signs of sexual abuse, especially in younger children. However, there are concerns that the automatic reporting of sexually active children under 13 to the police could prevent these children seeking medical advice and support. With the highly sensitive nature of these cases it is important that children are able to build a relationship of trust with health professionals and that there is scope for professional discretion to enable health professionals to act in the best interests of the child.”