Department of Health, Best Practice Guidance

For doctors and other health professionals on the provision of advice and treatment to young people under 16 on contraception, sexual and reproductive health

This guidance from the Department of Health clearly states that the duty of confidentiality owed to a person under 16, in any setting, is the same as that owed to any other person. Services are asked to produce confidentiality policies which reflect this guidance.

It advises that where a health professional believes that there is a risk to the health, safety or welfare of a young person or others which is so serious as to outweigh the young person's right to privacy, they should follow locally agreed child protection protocols, as outlined in Working Together to Safeguard Children.

In these circumstances, the over-riding objective must be to safeguard the young person. If considering any disclosure of information to other agencies, including the police, staff should weigh up against the young person's right to privacy the degree of current or likely harm, what any such disclosure is intended to achieve and what the potential benefits are to the young person's well-being. Except in the most exceptional of circumstances, disclosure should only take place after consulting the young person and offering to support a voluntary disclosure.

The guidance also states that a doctor or health professional is able to provide contraception, sexual and reproductive health advice and treatment, without parental knowledge or consent, to a young person aged under 16, as long as the young person understands the advice provided and its implications and their physical or mental health would otherwise be likely to suffer and so provision of advice or treatment is in their best interest. Doctors who are not prepared to offer a confidential contraceptive service to young people must make alternative arrangements for the young person to be seen by another professional.