Contents
Introduction
1
Process for producing a confidentiality policy
3
Notes to support you through the process
4
Confidentiality policy framework
7
Guidance for completing the policy framework
11
Appendix 1: Suggested service level agreement
for use with agencies working with
pupils
20
Appendix 2: A sample statement for parents and
carers concerning confidentiality
and pupils
21
Appendix 3: A sample statement for pupils
concerning confidentiality
24
Appendix 4: Hampshire Area Child Protection
Committee interim protocol for
working with sexually active young
people under the age of 18
26
Introduction
In the light of recent developments such as:

The Children Act, 2004

OfSTED self-evaluation

extended schools

school-based health services

information sharing and assessment

the Common Assessment Framework for vulnerable
young people

the revised Data Protection legislation

Healthy Schools enhanced status,
it is becoming increasingly important for schools to have a
comprehensive confidentiality policy which gives clarity to
parents, pupils and staff about levels of confidentiality that
can be offered in different circumstances. Also, Sex and
relationship education guidance (DfES, July 2000), Drugs:
guidance for schools (DfES, February 2004) and the National
Healthy School Status – a guide for schools (Department for
Skills and Education (DfES)/Department of Health (DH),
September 2005) all advise that schools should have a clear,
explicit confidentiality policy which should be well advertised
to the school community. There is also useful advice about
sharing information for the purposes of safeguarding and
promoting the welfare of children in Appendix 3 of the
DfES/DH publication, What to do if you’re worried a child is
being abused: Children’s Services guidance (May 2003).
This document has been written by the HIAS County Inspector/
Adviser for Personal Development Learning (PDL) and the
Strategic Service Manager (Teenage Pregnancy) for the
Hampshire Teenage Pregnancy Partnership to help schools by
providing:
February 2006

a process for developing the policy

helpful hints for working through the process

a model policy

notes to support schools as they work through the model
policy framework
Guidance for Hampshire schools: writing a confidentiality policy
1

an outline service level agreement (SLA) that schools
should complete when working with external agencies.
Schools requiring more help in writing their policy should
contact the Healthy Schools Team on Tel: 023 8081 6139.
2
Guidance for Hampshire schools: writing a confidentiality policy
February 2006
Process for producing a
confidentiality policy
Step 1: Create a team
Step 2: Read the government advice and useful
publications
Step 3: Identify other relevant school policies
Step 4: Identify relevant factors or issues in the school
and its catchment area
Step 5: Draft the policy
Step 6: Consult with parents, pupils, staff and the
community
Step 7: Revise draft in the light of feedback from the
consultation
Step 8: Refer to governors for approval
Step 9: Disseminate policy
Step 10: Monitor and review
February 2006
Guidance for Hampshire schools: writing a confidentiality policy
3
Notes to support you through
the process
Step 1 – Create a team
Ideally this should consist of a cross-section of the whole
school community. It could include teachers, support staff,
parents, governors and pupils, together with a representative
from local health services, eg: the school nurse or health
promotion team.
Step 2 – Read government advice
and useful publications
Documents you should read include:
4

Sex and relationship education guidance, DfES, July
2000, ref: 0116/2000

What to do if you’re worried a child is being abused:
Children’s Services guidance, DfES/DH, May 2003,
ref: 31553

Developing sex and relationships education in schools:
guidance and training activities pack for school
governors – Sex Education Forum/National Children’s
Bureau (NCB), 2003, ISBN: 1904787029

HIV in schools: good practice guide to supporting
children infected or affected by HIV, Children and Young
People HIV Network/NCB, 2005, ISBN: 1904787479

Sex and relationships education in pupil referral units,
Sex Education Forum/NCB, 2004, ISBN: 1904787231

National Healthy School Status – a guide for schools,
DH, September 2005, REF: 270390

Managing the support and reintegration of pregnant
pupils and school-age parents: guidance for schools
from Hampshire Local Education Authority, Hampshire
Teenage Pregnancy Partnership, November 2004.
Guidance for Hampshire schools: writing a confidentiality policy
February 2006
Step 3 – Identify other policies
Other relevant school policies might include:

bullying policy

child protection policy

health and safety policy

personal, social and health education (PSHE) policy

sex and relationships policy

substance use and misuse policy

personal development learning policy.
Step 4 – Identify relevant factors
Factors to consider might be:

whether the school is faith based

faith/ethnic mix of the school community

the age range of pupils in the school

health issues within the school catchment area, eg:
teenage pregnancy rates, incidences of drug misuse,
levels of sexually transmitted infections (STIs), alcohol
use, crime rates.
Step 5 – Draft the policy
The policy should be drafted with a team of people including
a governor, a senior staff member, the PDL co-ordinator, the
school nurse if possible and representatives from parents,
pupils and members of the wider community.
Step 6 – Consult with stakeholders
Consultation can be carried out in a variety of ways:
February 2006

through questionnaires for parents and pupils

at staff meetings

through school councils and tutor groups
Guidance for Hampshire schools: writing a confidentiality policy
5

at open evenings for parents

through discussion at a governors’ meeting

by circulating the draft to key local health practitioners.
Step 7 – Revise draft
Revision should include the policy team.
Step 8 – Refer to governors
The draft policy should be presented to the whole governing
body for ratification.
Step 9 – Dissemination
This can be done through:

the school prospectus

including in job details to applicants

using posters and leaflets

including the policy in agreements with other agencies
working on the school site

through tutor groups

through the school council

through assemblies

on the school website.
Step 10 – Monitoring and review
Schools may wish to consider how they are going to monitor
the effectiveness of the policy and when the policy is due for
renewal. A two-year cycle is recommended.
6
Guidance for Hampshire schools: writing a confidentiality policy
February 2006
Confidentiality policy
framework
Insert
school logo
Name of school:
1
Policy approved and adopted:
Due for review:
Member of staff responsible for implementation
and review:
Aim:
2
Objectives:
Why the policy was developed:
3
How the policy was formulated/developed:
4
February 2006
Guidance for Hampshire schools: writing a confidentiality policy
7
Where and to whom the policy applies:
5
Staff support and training:
6
Policy
7.1
7.2
8
All school staff members: confidentiality and
pupils
NB: This applies to both teaching and nonteaching members of staff, visiting staff and
outside agencies
The school counsellor/welfare officer:
confidentiality and pupils
Guidance for Hampshire schools: writing a confidentiality policy
February 2006
February 2006
7.3
The school nurse and health-based service:
confidentiality and pupils
7.4
The Connexions Service: confidentiality and
pupils
7.5
Peer support and mentoring projects:
confidentiality between pupils
8.1
Parents and families: confidentiality and
information about parents and families
Guidance for Hampshire schools: writing a confidentiality policy
9
8.2
Staff and governors: confidentiality and
information about staff and governors
Linked policies:
9
Dissemination:
10
10
Guidance for Hampshire schools: writing a confidentiality policy
February 2006
Guidance for completing the
policy framework
The model policy framework should be completed in
consultation with the policy development team using the
following guidance notes.
Box 1

You should include details as to when the policy was
approved and adopted.

The policy should be reviewed bi-annually.

It is suggested that the member of staff responsible for
implementation and review is a member of senior
management.
Box 2
As a policy development team you should discuss the
overarching aim and the objectives for your policy. Below are
samples to help you.
Sample aim
All members of staff working on the school site are clear
about the levels of confidentiality that they can offer to the
school community and expect themselves.
Sample objectives
February 2006

To be transparent about the process for developing and
reviewing this policy.

For everyone to understand the varying levels of
confidentiality which might be offered in different
circumstances.
Guidance for Hampshire schools: writing a confidentiality policy
11
Box 3
This should include reference to the documents encouraging
the development of confidentiality policies. These include:

Sex and relationship education guidance, DfES, July
2000, ref: 0116/2000

What to do if you’re worried a child is being abused:
Children’s Services guidance, DfES/DH, May 2003,
ref: 31553

Developing sex and relationships education in schools:
guidance and training activities pack for school
governors – Sex Education Forum/National Children’s
Bureau (NCB), 2003, ISBN: 1904787029

HIV in schools: good practice guide to supporting
children infected or affected by HIV, Children and Young
People HIV Network/NCB, 2005, ISBN: 1904787479

Sex and relationships education in pupil referral units,
Sex Education Forum/NCB, 2004, ISBN: 1904787231

National Healthy School Status – a guide for schools,
DH, September 2005, REF: 270390

Managing the support and reintegration of pregnant
pupils and school-age parents: guidance for schools
from Hampshire Local Education Authority, Hampshire
Teenage Pregnancy Partnership, November 2004.
You may also wish to include the following reasons:
12

a clear, explicit and well-publicised confidentiality policy
ensures good practice throughout the school which staff
(including staff from external agencies), parents and
pupils can easily understand

the school needs to be clear about the boundaries of
their legal and professional roles and responsibilities, eg:
child protection procedures

different professionals can offer varying levels of
confidentiality in different circumstances, which can
confuse staff and pupils

sometimes parents and families may wish to disclose
information confidentially to the school. Schools need to
be clear about their position.
Guidance for Hampshire schools: writing a confidentiality policy
February 2006
Box 4
This should only be a brief summary of who was involved
and the process the team went through.
Box 5
The policy should refer to:

all teaching and non-teaching staff employed by the
school

all visiting staff working with young people on the school
site during the school day

depending on their contractual arrangements, staff from
external agencies delivering services on the school site,
eg: Youth Service and voluntary organisations.
Box 6
What training are you offering to support this policy?
Eg:

INSET training

training offered by Hampshire Children’s Services,
eg: sex and relationships education (SRE), information
sharing and assessment

induction of new staff

service level agreements with visiting agencies.
Boxes 7.1 to 7.4
The following has been approved by Hampshire County
Council’s legal department and, after discussion with
your policy team, you may wish to include these
statements. It is important that the policy team and
school agree that these properly describe what they
wish to be school policy.
February 2006
Guidance for Hampshire schools: writing a confidentiality policy
13
Box 7.1
All school staff members
14

We recognise that there are occasions when pupils are
worried about something and feel that they cannot talk
about it to their parents/carers. This can result in
enormous stress for the individual which impacts on their
education and health. Some pupils may feel that they
can turn to teachers and other staff members for support
and we want to be as helpful as we can whilst
recognising that there may be some potential difficulties
in being supportive. You should adhere to the following
policy.

When talking with pupils, it is important for you to be
aware of maintaining your professional boundaries.
Whilst being supportive where you can, distancing
techniques should be used when appropriate and pupils
encouraged or supported to access the confidential
services offered on the school site.

You must be clear to pupils that you cannot offer
unconditional confidentiality when a pupil first
begins to talk about something where confidentiality
may become an issue.

Pupils should be warned that if there is a child protection
issue where the pupil, or others, are likely to be at risk of
significant harm, you are under a duty to inform the
school’s Child Protection Liaison Officer who may
have to involve other agencies. (Please refer to the
school’s child protection procedures for further advice on
this aspect.) It is important that each member of staff
deals with this sensitively and explains to the pupil that
they must inform the appropriate people who can help
the child, but that they will only tell those who need to
know in order to help.

School staff can only offer confidentiality to pupils on
issues that do not involve significant illegal activities, eg:
drug trafficking, arson. If the conversation begins to
move to this kind of issue, the pupil must be warned that
confidentiality cannot be guaranteed.

In all cases where you feel that you have to break
confidentiality with the pupil, you must inform the pupil
and reassure them that their best interests will be
maintained.
Guidance for Hampshire schools: writing a confidentiality policy
February 2006

In talking with pupils, you need to encourage them to
talk to their parents/carers about the issue that may be
troubling them and support in doing this should be
offered where appropriate.

Pupils should be made aware of the specialist
confidential services that may be available on the school
site or in the school community, eg: school nurse,
counsellor, Connexions personal adviser, doctor or
young people’s drop-in service.
Box 7.2
The school counsellor/welfare officer
The school counsellor can be approached by any pupil for a
confidential discussion. Sometimes we may also refer pupils
to the counsellor for discussions. The school counsellor
cannot offer confidentiality over a child protection issue
but, because sometimes it is necessary for a pupil to be able
to talk about deep-seated troubling issues in order to help the
pupil through their situation, we do not require our
counsellor to inform senior or pastoral staff about illegal
activities unless there is a child protection issue or other
significant risk.
Box 7.3
The school nurse and school-based health service
The Government has recognised that for some young
people, unless they are able to speak to someone
confidentially away from their family, their health and wellbeing can be at great risk. Health services (including doctors,
our school nurse and health drop in) can offer confidential
health services (including contraception) to pupils under the
age of 16, providing they follow the Fraser Guidelines which
require:
February 2006

the young person understands the advice and has
sufficient maturity to appreciate what is involved in terms
of moral, legal, social and emotional implications for
themselves

they cannot be persuaded to tell their parents/carers, or
allow them to be informed

(if appropriate) they are likely to begin or continue
having sex
Guidance for Hampshire schools: writing a confidentiality policy
15

the young person’s physical or mental health is likely to
suffer unless they receive advice or treatment

it is in the young person’s best interests to give advice or
treatment.
The requirement to offer a confidential service is within the
professional code of practice for school nurses and other
health service staff. The Government has also signed up to
international legislation and charters which entitle young
people to access health services. However, health
professionals, like everyone else, must inform appropriate
services if they become aware of a child protection issue in
discussions with a young person.
NB: On-site services must be very clear in their publicity
about the levels of confidentiality offered, eg: a youth support
centre or school-based health service will offer more
confidentiality than will be offered by school staff.
Box 7.4
The Connexions Service
Connexions offers advice and support to young people aged
13 to 19 (up to 25 in the case of those with special needs), in
order to help them reach their potential through education,
training, employment and other developmental opportunities.
In order to assist some young people to overcome the
barriers that they face, Connexions usually offers a
confidential service similar to that provided by school nurses
(see above). They encourage young people to speak to their
parents/carers about what is troubling them and they will
offer support for this to happen. Confidentiality cannot be
kept if a child protection issue is disclosed.
We have agreed with Connexions that their personal
advisers may offer a confidential service to the pupils in our
school.
Box 7.5
Peer mentoring and support
All mentoring and support programmes should cover
confidentiality issues in their training. The following is based
on the Government’s teachernet website and could be used
as a basis for your policy or adapted as necessary.
16
Guidance for Hampshire schools: writing a confidentiality policy
February 2006
Pupils are not allowed to promise to keep secrets but all
conversations between the mentor and mentee will be kept
confidential except in the following circumstances:

the mentor must tell either the mentoring co-ordinator or
a teacher if a pupil discloses either any form of abuse or
anything else that would make them worry about their
safety

if the mentee is about to disclose this sort of information,
the mentor must tell them that they will need to take
them to a member of staff, possibly as an advocate to
help them

if the mentor has a concern about the content of a
mentoring meeting, they are encouraged to discuss it
with the mentoring co-ordinator – it will not go further
unless it fits into one of the above categories.
Box 7.6
Pupil mentoring programmes involving adult mentors
The suggestion listed for Box 7.5 applies equally to adult
mentors.
Box 8.1
Parents and families
As a school you may wish to include a statement to
recognise when you are prepared to keep information from
parents/carers confidential. The following is a possible
statement.
We recognise that sometimes there may be family issues
which might affect a pupil and which the family will only
disclose to us if they can be sure the information will be
treated confidentially. We will respect the wishes of the family
and where it is felt necessary to share the information given
to us, this will be discussed with the parent first unless a
pupil is considered to be at immediate risk and/or there is an
overriding child protection concern.
February 2006
Guidance for Hampshire schools: writing a confidentiality policy
17
Box 8.2
Staff and governors
Schools may wish to consider including a statement about
confidentiality issues for staff and governors within this
policy. This will require careful discussion, potentially
involving school trade union representatives. You may wish
to consider the following statement as a starting point.
All staff can normally expect that their personal situations
and health issues will remain confidential unless:

it impinges on their terms of contract

endangers pupils or other members of staff

there is a legal obligation to disclose such information

it is necessary for legal proceedings

despite the duty of confidence, the staff member’s
interest or the wider public interest justifies disclosure.
Box 9
Linked policies
List those policies that are linked and supported by the
confidentiality policy, eg: bullying, child protection, health and
safety, PSHE, SRE, personal development learning, drug
abuse and misuse.
Box 10
Dissemination
A suggested statement follows.
This policy should be widely publicised to all in the school
community:
18

through the school prospectus

through school newsletters

with job details to applicants

through posters and leaflets or agreements with other
agencies working on the school site

through tutor groups, assemblies and the school council
Guidance for Hampshire schools: writing a confidentiality policy
February 2006

on the school website

by emphasising links to the to the school’s anti-bullying
policy and child protection policy and procedures.
The policy will be written in such a way as to be accessible to
pupils, teachers, parents and the wider community.
After approval of the policy, the
following should carefully be
considered:
February 2006

the training for staff working on the school site

service level agreements with external agencies

other school policies linked to the confidentiality policy
may need to be slightly amended

how the policy is to be shared with parents, pupils and
partner agencies. A model statement to parents is
included in Appendix 2 and a model statement for pupils
is included in Appendix 3. These will need to be adapted
according to the details of the policy adopted by the
school governing body

the staff member responsible for the policy needs to
collate issues which may arise and incorporate them into
the policy review.
Guidance for Hampshire schools: writing a confidentiality policy
19
Appendix 1
Suggested service level agreement for use with
agencies working with pupils
Organisation: …………………
School: …………………….
Named contact: …………………………………………………...
Tel: ……………………………..
Fax: ………………………...
Reason for visit: …………………………………………………..
Year group: …………………………………………………….….
The teacher will be responsible for the behaviour of the
pupils.
Aims of sessions:


Expected learning outcomes:


Before the visit, the school will: …………………………………
Before the session, the visitor will: ……………………………..
The visitor should be aware that the school staff are
responsible for the pupils whilst they are in school:

any materials to be given out should be shared with
school staff

the school has important policies that visitors should be
aware of and have read, such as the confidentiality
policy and equal opportunities policy.
Equipment required on the day: ………………………………..
Date of sessions: ………………………………………………...
Signed – school: …………………………..…… Date: …….…
I have had/am willing to undergo a police check.
Signed – organisation: ………………………... Date: …….…
20
Guidance for Hampshire schools: writing a confidentiality policy
February 2006
Appendix 2
A sample statement for parents and carers
concerning confidentiality and pupils
This statement could accompany the school’s confidentiality
policy. The team should ensure that this truly reflects and
summarises the agreed school policy.
There is increasing national concern for the emotional health
and well-being of young people growing up in today’s
society. We recognise that parents and carers want to do all
they can to support their child but, even in the most
supportive of relationships where there is excellent
communication between parent/carer and child, there can be
occasions when they are worried about something and feel
that they cannot talk about it with you. This may result in
enormous stress for the pupil, which can impact on their
education, health and behaviour, unfortunately leading to
self-harm and even suicide in the most extreme cases.
Whilst we recognise that parents and carers will naturally be
disappointed if their child does not choose to talk with you
about what is troubling them, we feel there could be even
more distress if the pupil is unable to cope with the issue
themselves. On this basis, we have agreed the following.
School staff (with the exception of the school nurse and
school counsellor)
Our staff will be supportive to pupils who approach them with
concerns, but will make it clear that they cannot offer
confidentiality to the pupil on anything that involves an illegal
activity or anything that is a potential child protection issue
where the pupil or others are likely to be at risk of significant
harm.
Senior staff in the school will liaise with parents/carers as
appropriate in cases where a staff member has reported an
issue over which they cannot offer confidentiality.
Staff will support pupils to inform their parents/carers about
issues that are troubling them as appropriate.
We will make pupils aware of specialist confidential services
on our school site and in the community where they can seek
assistance if they wish.
February 2006
Guidance for Hampshire schools: writing a confidentiality policy
21
School counsellor
We employ a specialist school counsellor who can be
approached by any pupil for a confidential discussion.
Sometimes we may also refer pupils to the counsellor for
discussions. The school counsellor cannot offer
confidentiality over a child protection issue but, because
sometimes it is necessary for a pupil to be able to talk about
deep-seated troubling issues in order to help the pupil
through their situation, we do not require our counsellor to
inform senior or pastoral staff about illegal activities unless
there is a child protection issue or other significant risk.
School nurse and school health drop in
The Government has recognised that for some young
people, unless they are able to speak to someone
confidentially away from their family, their health and wellbeing can be at great risk. Health services (including doctors,
our school nurse and health drop in) can offer confidential
health services (including contraception) to pupils under the
age of 16, providing they follow the Fraser Guidelines which
require:

the young person understands the advice and has
sufficient maturity to appreciate what is involved in terms
of moral, legal, social and emotional implications for
themselves

they cannot be persuaded to tell their parents/carers, or
allow them to be informed

(if appropriate) they are likely to begin or continue
having sex

the young person’s physical or mental health is likely to
suffer unless they receive advice or treatment

it is in the young person’s best interests to give advice or
treatment.
The requirement to offer a confidential service is within the
professional code of practice for school nurses and other
health service staff. The Government has also signed up to
international legislation and charters which entitle young
people to access health services. However, health
professionals, like everyone else, must inform appropriate
services if they become aware of a child protection issue in
discussions with a young person.
22
Guidance for Hampshire schools: writing a confidentiality policy
February 2006
Connexions Service
Connexions offers advice and support to young people aged
13 to 19 (up to 25 in the case of those with special needs), in
order to help them reach their potential through education,
training, employment and other developmental opportunities.
In order to assist some young people to overcome the
barriers that they face, Connexions usually offers a
confidential service similar to that provided by school nurses
(see above). They encourage young people to speak to their
parents/carers about what is troubling them and they will
offer support for this to happen. Confidentiality cannot be
kept if a child protection issue is disclosed.
We have agreed with Connexions that their personal
advisers may offer a confidential service to the pupils in our
school.
February 2006
Guidance for Hampshire schools: writing a confidentiality policy
23
Appendix 3
A sample statement for pupils concerning
confidentiality
The policy team will wish to publicise the policy to pupils in a
variety of ways. Below is a suggested statement. Again, this
should properly reflect the negotiated and agreed
confidentiality policy. (NB: This may need to be formatted
in different ways and simplified in language appropriate
for the range of pupils within the school.)
We understand that there may be times when there are
things which may be worrying you, but you feel that you
cannot talk about them with your family. Teachers and other
members of school staff will do all we can to help you, but
you need to know the following:
24

if you really want to talk to someone confidentially
(without anyone else knowing what you have said), you
can speak to the school counsellor, school nurse or the
Connexions personal adviser. We might also be able to
help you find someone else outside of school if you think
this is better for you

the teachers and other members of staff in the school
will often be able to help you with many of the things that
may be worrying you, but they cannot promise to keep
everything to themselves. If you tell them about some
things like selling drugs or stealing, they will have to
speak to one of the senior teachers in the school who
might then have to speak to your parents/carers, the
police or social services

if the staff member feels that they have to tell someone
else what you have talked about, they will always tell you
first and help you sort it out, perhaps helping you to
speak to your parents/carers if you want this

very rarely, there may be things which you talk about
that can be very dangerous for you or for other young
people, eg: someone trying to harm you. Even the
school counsellor, nurse or Connexions personal adviser
may have to tell someone else about what you have
said, but they will tell you first and always help you to
sort things out
Guidance for Hampshire schools: writing a confidentiality policy
February 2006

February 2006
please remember if the school nurse or Connexions
personal adviser is speaking in lessons, they have to tell
things to senior teachers in the school, just like the
teachers. The only time they can be confidential is when
they see you outside of lessons.
Guidance for Hampshire schools: writing a confidentiality policy
25
Appendix 4
Hampshire Area Child Protection Committee
interim protocol for working with sexually active
young people under the age of 18
1
Introduction
The Sexual Offences Act (2003) includes a range of
offences covering sexual activity involving young
people under 18. The Act aims to reduce sexual
exploitation and abuse of children and young
people, not to criminalise normal adolescent
behaviour. In 2000, a survey1 of over 11,000 males
and females aged 16-44 indicated that the median
age for first sexual intercourse was 16 with 30% of
men having had sex before 16 and 26% of women
having had sex before 16. Other surveys have
reported similar findings.
1.2 It is not expected that all young people known to be
involved in sexual behaviour will be automatically
reported to the Police and if this was to happen, then
those who are sexually active would be less likely to
access contraceptive and sexual health advice and
services, leaving them more open to unintended
pregnancy and health risks. It could potentially result
in the emergence of less rather than more
information about abusive cases. However, children
and young people need to be protected from abuse
and exploitation and this can leave practitioners
uncertain of when they should report cases to Social
Services/Police. This protocol has been designed to
assist practitioners to identify where relationships
may be exploitative or abusive and the young people
may need the provision of protection or additional
services.
1.3 All young people, regardless of gender, who are
believed to be engaged in, or planning to be
engaged in, sexual activity should have their
needs for health education, support and/or
protection assessed by the agency involved.
1.1
1
Wellings K, Nanchahal K, Macdowall W, McManus S, Erens R, et al. Sexual behaviour in
Britain; early heterosexual experience. Lancet 358: 1843-50
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Guidance for Hampshire schools: writing a confidentiality policy
February 2006
1.4
Under the Sexual Offences Act (2003) young people
still have the right to confidential advice on
contraception, condoms, pregnancy and abortion
even if they are under 162. The Act guidance states
that a person is not guilty of aiding, abetting or
committing an offence if he/she is acting for the
purpose of:
 protecting a child from sexually transmitted
infection, or
 protecting the physical safety of the child, or
 preventing the child from becoming pregnant, or
 promoting the child’s emotional well-being by
giving the advice.
This exception covers not only health professionals,
but anyone who acts to protect a child, eg: teachers,
youth workers, social workers, professionals in the
voluntary sector and Connexions Personal Advisers.
1.5 Qualified social workers employed within Social
Services Departments have a legal duty to make
further enquiries when there are Child Protection
concerns. They are expected to follow the guidance
in this protocol with respect to knowledge about the
sexual activity of young people.
2
Sexual activity by age group
2.1
2
February 2006
Young people age 16-17
Although sexual activity (heterosexual or
homosexual) is not an offence over the age of 16,
young people under the age of 18 are still offered
the protection of Child Protection Procedures.
Consideration still needs to be given to issues of
sexual exploitation through prostitution and abuse of
power. Young people can be subject to offences of
rape and assault and the circumstances of an
incident/act may need to be explored with a young
person. Young people in this age group are not
deemed able to give consent if the sexual activity is
with an adult in a position of trust, (eg: their teacher,
youth worker, carer of a young person with profound
learning difficulties) or a family member as defined
by the Sexual Offences Act 2003. Also relevant is
whether a young person has a learning disability or
other communication difficulty that could hinder their
capacity to communicate easily that they have been
abused.
Working with the Sexual Offences Act 2003, Home Office – May 2004 SOA/4
Guidance for Hampshire schools: writing a confidentiality policy
27
Young people age 13-15
Although the age of consent is 16, there is no
intention to prosecute young people of a similar age
involved in mutually agreed consensual sex unless it
involves abuse or exploitation. In assessing the
nature of any particular behaviour, it is essential to
look at the facts of the actual relationship between
those involved. Factors to be taken into account are
set out in the Sexual Offences Act guidance: for
example, age and emotional maturity of parties,
whether the parties entered the sexual relationship
willingly, any coercion or corruption, the relationship
between the parties, whether there was any duty of
care between the parties, or whether there was any
breach of trust. These factors need to be taken into
account for any young person under 18.
2.3 Any person who intentionally causes or incites
someone under the age of 16 to engage in sexual
activity may be prosecuted under the Sexual
Offences Act 2003. The age difference may be a
key indicator for concern (eg: a relationship between
a 15 year-old and a 25 year-old).
2.4 In order to determine whether the relationship
presents a risk to the young person, the following
factors should be considered:
 whether the young person is competent to
understand and consent to the sexual activity
 the nature of the relationship particularly if there
are age or power imbalances
 whether there was overt aggression,
manipulation, coercion or bribery and whether
alcohol or drugs were used to facilitate the
activity
 whether the young person’s own behaviour (for
instance the use of alcohol or drugs) means they
are unable to make an informed choice
 any attempts to secure secrecy by the sexual
partner beyond what is usual in teenage
relationships
 whether the sexual partner is known by agencies
to have concerning relationships with other
young people
 whether the young person denies, minimises or
accepts adult concerns
 presence of a sexually transmitted infection in a
child under 13
2.2
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Guidance for Hampshire schools: writing a confidentiality policy
February 2006


evidence of parental neglect or lack of
supervision of a child under 13
where the relationship involves behaviours
considered to be grooming in the context of
sexual exploitation.
Also relevant is whether a young person has a
learning disability or other communication difficulty
that could hinder their capacity to communicate
easily that they have been abused.
2.6 Children under the age of 13
Under the Sexual Offences Act 2003 a child under
13 does not under any circumstances have the legal
capacity to consent to any form of sexual activity
and anyone involved in penetrative sex (in any form)
with a child under 13 is liable to be convicted of
rape. However, children under 13 also have a right
to confidential contraceptive and sexual health
treatment and advice to protect their welfare3.
2.5
3
Referral process
In working with young people, it must always be
made clear to them at the earliest appropriate point,
that absolute confidentiality cannot be guaranteed,
and that there will be some circumstances where the
needs of the young person can only be safeguarded
by sharing information with others. This discussion
with the young person may prove useful as a means
of emphasising the gravity of some situations.
3.2 On each occasion that a young person is seen,
consideration should be given as to whether their
circumstances have changed or further information
is given which may lead to the need for referral or
re-referral.
3.3 Anyone concerned about the sexual activity of a
young person should initially discuss this with the
person, or unit, in his or her agency responsible for
child protection. There may then be a need for further
consultation with a member of Social Services/Police
– see below. Discussion with Social Services is not
mandatory and will depend on the level of risk/need
assessed by those working with the young person
using the criteria in 2.4 above.
3.1
Sexual Offences Act 2003: key messages – Teenage Pregnancy Unit, May 2004
3
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3.4
3.5
3.6
3.7
3.8
3.9
30
Having used the criteria in 2.4 above to make an
assessment and discussed the issue with the
person responsible for child protection within their
agency if appropriate, practitioners may want to
informally discuss the issue with a Social Services
Reception and Assessment Team for advice on
whether to make a formal referral. This discussion
can be held without individual’s names being
disclosed.
If, as a result of these informal discussions it is felt
that a formal referral should be made, a timescale
should be agreed (unless in exceptional cases)
within which the practitioner will explain to the young
person that confidentiality has to be broken and
support can be offered. This may mean going
outside of the prescribed Child Protection timescale
(ie: young person to be seen within 24 hours)
because this is in the best interest of the young
person. The reason for the delay should be recorded
on the case file.
Children under 13 who are sexually active are
particularly vulnerable and practitioners should
recognise this vulnerability when considering a
referral to Social Services/Police using the criteria in
2.4 above.
For all under 18s there are cases where a referral to
Social Services/Police would be expected, eg:
sexual activity with an adult in a position of trust, for
example, their teacher, youth worker, etc, or a family
member as defined by the Sexual Offences Act
2003.
In the vast majority of cases where there are no
aggravating factors, it will not be in the best interests
of the young person for criminal or civil proceedings
to be instigated. However, practitioners should bear
in mind that the Police and Social Services may hold
information that will provide vital assistance to the
assessment of risk. Whether or not to support a
victim in making a complaint to the police should be
the subject of professional judgement, taking advice
as and when appropriate.
In some cases urgent action may need to be taken
to safeguard the welfare of a young person.
However, in most circumstances there will need to
be a process of information sharing and discussion
in order to formulate an appropriate plan. There
should be time for reasoned consideration to define
the best way forward.
Guidance for Hampshire schools: writing a confidentiality policy
February 2006
3.10
Following any referral to Social Services (as outlined
in Section 5 of the Child Protection Procedures)
there may be one of these responses:
 no further action deemed necessary
 an initial assessment undertaken which may
identify the young person as a child in need and
additional services provided
 an initial assessment undertaken which may
identify the young person as a child at risk of
significant harm and in need of child protection
intervention.
Wherever possible, appropriate support should be
offered and agencies should continue to offer the
services provided.
3.12 In all cases of formal referrals to Social Services,
Reception and Assessment Teams will record
details of the individual(s) and actions taken. If the
Reception and Assessment Team make a decision
not to inform the Police, the reasons will be
recorded, eg: having used the criteria in 2.4 above
the case is clearly not abusive or exploitative but
considered to be normal adolescent behaviour.
3.13 Sharing information with parents/carers
Decisions to share information with parents/carers
will be taken using professional judgement and
having consulted the Child Protection Procedures.
Decisions will be based on the child’s age, maturity
and ability to appreciate what is involved in terms of
the implications and risks to themselves. This should
be coupled with the parents’/carers’ ability and
commitment to protect the young person. Given the
responsibility that parents/carers have for the
conduct and welfare of their children, practitioners
should encourage the young person, at all points, to
share information with their parents/carers when it is
judged safe to do so.
3.11
This protocol is written on the understanding that those
working with this vulnerable group of young people will
naturally want to do as much as they can to provide a
safe, accessible and confidential service whilst
remaining aware of their duty of care to safeguard them
and promote their well-being.
February 2006
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