The Pharmaceutical Journal
Vol 276 No 7396 p432
15 April 2006

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Confidentiality for sexually active under-16s retained

Health professionals can continue to use their discretion in deciding whether to report sexual activity in under-16-year-olds to social services, according to guidance from the Department for Education and Skills published last week.

“Working together: a guide to inter-agency working to safeguard and promote the welfare of children” provides more detailed advice on how and when professionals should share information. “It is a framework for locally agreed child protection protocols and will help all professionals, including health, to better identify and support young people most at risk,” a spokeswoman for the DfES told The Journal.

In the case of children aged 13–15 years, consideration should be given as to whether there should be a discussion with other agencies and whether a referral to children’s social care should be made, the guidance states. However, for children under 13 years engaging in sexual activity, there is a “presumption” that cases will be reported to children’s social care. “Sex with someone under 13 is a serious criminal offence and should be taken to indicate significant harm to the child,” said the spokeswoman. All cases should be carefully documented, including where a decision is taken not to share information, the guidance states.

Last year, some area child protection committees developed local child protection protocols that required automatic reporting of sexually active children under the age of 13 years. In response to this, the Royal Pharmaceutical Society expressed concern that automatic referral may deter children from seeking support and advice about sexual health matters. It issued interim guidance (PJ, 17 December, p758) for pharmacists, which advised that they must use their professional discretion when deciding whether to comply with local child protection protocols.

In response to the new guidance, Lynsey Balmer, head of professional ethics at the Society, said: “We welcome the fact that ‘Working together to safeguard children’ does not include a requirement for mandatory reporting of young people who are in sexual relationships. We are also pleased that it respects the freedom of professionals to make decisions based on the best interests of each young person in order to ensure that they receive the advice and treatment they need. The Society is now in the process of updating its child protection guidance. In the interim period pharmacists should continue to refer to the existing guidance on child protection and reporting sexual activity in children under 13 years. It can be accessed online at www. rpsgb.org.”

The DfES guidance can be accessed at www.everychildmatters.gov.uk