Confidentiality and advice - teachers and other professionals
The revised version of Working Together to Safeguard Children from Harm (DfES 2006) provides guidance on working with sexually active young people.
It states that in making decisions about whether to share information about a young person with children’s social care the child’s best interests must be the overriding consideration. Decisions should always be based on an assessment of that individual’s situation and professionals have discretion to make decisions on a case by case basis taking account of a range of factors. This applies to all young people, including those under the age of 13.
The guidance does state that cases involving under-13s should always be discussed with a nominated child protection lead in the practitioner’s organisation. However, it clearly indicates that professionals have the discretion not to refer a young person to other agencies where this would not be in their best interest. The reasons for this decision need to be fully documented.
Local Safeguarding Children Boards are expected to develop local protocols based on this guidance. Local protocols which require mandatory reporting on the basis of age are not in accordance with Working Together to Safeguard Children from Harm.
Teachers
Teachers in secondary schools may discuss general issues relating to contraception and sexual health if they arise as part of teaching on any subject. They may also provide information about local services unless the school's sex education policy states otherwise.
Teachers may give individual pupils information about an appropriate health professional or clinic, even if the pupil has been withdrawn from sex education lessons by their parents.
Teachers are not health professionals and so should not give individual advice on which method of contraception to use.
Teachers are not bound by law to break the confidence of under 16s who ask for information or advice on contraception or other sexual health issues.
Sex and relationship education guidance issued by the education departments of England, Wales, Scotland and Northern Ireland includes information on how teachers should deal with confidentiality. As there are variations in the approaches taken teachers should check their local guidelines.
Schools should have a policy that clearly explains the situations in which a teacher may have to disclose information told to them in confidence. In individual cases, teachers should act within the school's agreed policy. Parents and pupils should be made aware of the school's policy and the limits on confidentiality.
Health professionals in schools
Health professionals, such as nurses, invited into schools to contribute to sex and relationship education programmes must follow the sex education policy of the individual school. Outside the education context, the health professional can work according to their relevant professional code of conduct.
School nurses working as part of the sex education programme must follow the sex education policy of the school. If an individual pupil asks for contraceptive advice in a one-to-one situation nurses are allowed to give such advice and/or treatment in confidence, providing the Fraser guidelines are followed.
Social workers
Social workers may give information about contraception, sexual health and details of appropriate professionals and clinics to the young people they are in contact with, unless they are prevented from doing so by the policies of their employers. As they are not health professionals, they should not give individual advice on which method of contraception to use.
Social workers should respect the confidentiality of young people, including those under the age of 16. They have a professional responsibility to listen to young people's concerns and to support them. If the young person insists that their parents must not be informed, social workers should respect confidentiality unless there are exceptional circumstances, such as cases of suspected sexual abuse or exploitation.
Youth workers
Youth workers can give young people, including those under 16, information about contraception and sexual health and details of where to find local services. There is no law that prevents appropriately trained youth workers giving condoms to young people. When given for contraception, rather than as part of an education/information session, it is good practice for the youth worker to follow the Fraser guidelines. The organisations employing youth workers, however, may have policies that prevent them from distributing condoms.
The law also enables youth workers to respect the confidentiality of young people, including those under 16, unless there are exceptional circumstances that cause a worker to suspect that someone is at risk of serious harm. Local policies on confidentiality may vary and youth workers will be obliged by their contracts of employment to follow these guidelines.
Youth workers in schools should follow the policies of the school in which they are working.
