RESOURCES:Law & Sex - Confidentiality, Consent , Contracepti

The Law and Sex in the UK

Acknowledging that young teenagers are sometimes sexually active and require specific and explicit information remains controversial, perhaps moreso since the Sexual Offences Amendments of 2003 raise more confusing issues. Conflict may exist within between the genuine desire to protect children from abuse, whilst at the same time recognising normal sexual development and the need for information and support which teenagers often have in their transition into adulthood. However, there is still a legal age of consent for sex, and a need for professionals working in Sex and Relationship Education to be familiar with current law.
Contraceptive advice and treatment to young people under 16.

The Me-and-us website also has very helpful pages specifically devoted to UK legisation. Papers available in .pdf format as free downloads.

The remainder of this page provides a summary of the Fraser Guidelines, and links to other sources of literature about the issues of Confidentiality and Consent to Treatment for under 16´s

A health professional can give contraceptive advice and treatment to someone under the age of sixteen, provided that they are satisfied that they are competent. Guidance on this was issued in 1985 as part of Lord Fraser’s judgement, following the House of Lords’ Ruling in the case of Victoria Gillick v. West Norfolk and Wisbech Health Authority and the Department of Health and Social Security. These are now referred to as the Fraser Guidelines, and although they relate specifically to contraception do apply to other treatments, including abortion in England and Wales.

The young person is competent to consent to contraceptive advice if
 The young person understands the doctor’s advice
 The doctor cannot persuade the young person to inform his or her parents or allow the doctor to inform the parents that s/he is seeking contraceptive advice
 The young person is very likely to begin or continue having intercourse with or without contraception
 The young person’s physical health or mental is likely to suffer if s/he does not receive contraceptive advice
 It is in the best interests of the young person to receive contraceptive advice without parental consent

In Scotland the Age of Legal Capacity (Scotland) Act 1991 says “a person under the age of 16 years shall have legal capacity to consent on his own behalf to any surgical, medical or dental procedure or treatment where in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment”

Bissette-Johnson A, Ferguson P. 1996 Consent to medical treatment by older children in English and Scottish law. J Contemp Health Law and Policy, 12, 449 – 473

Confidentiality
A health professional must keep everything confidential unless the patient agrees otherwise.
Confidentiality may only be broken in the most exceptional circumstances when the health or welfare of the patient or others would be at grave risk. The decision to break confidentiality does not depend on the age of the patient.

Books/papers
Gillick v. West Norfolk and Wisbeach AHA (1985) All ER 373

Medical Negligence (London, Butterworths, 1957) at 173 et seq., 331 et seq.

P. Alderson, Children’s Consent to Surgery (Open University Press, Buckingham & Bristol, Pa. (1993) 44-45 and

G.I. Peiris, ‘The Gillick Case: Paternal Authority, Teenage Independence and Public Policy’, (1987) Current Legal Problems, 93-122

Consent & Contraception

Devi v West Midlands AHA (1980) unreported

National Health Service (General Medical And Pharmaceutical Services) Regulations (1974), Si 1974/160 As Amended By The National Health Service (General Medical And Pharmaceutical Services) Regulations (1975), SI 1975/719

Rakusan, Depo-Provera : The Extent of the Problem, in Roberts (ed), Women, Health and Reproduction (1981) Routledge and Kegan Paul

Gillick v West Norfolk & Wisbech AHA [1985] 3 All ER 402

Sidaway v Bethlem RHG [1985] 1 All ER 643

Gold v Haringey HA [1987] 2 All ER 888

Blyth v Bloomsbury [1993] 4 Med LR 151

Rogers v Whitaker (1992) 175 ALR 479

Bolam v Friern Hospital Management Committee [1953] 2 All ER 118

Douglas, Law, Fertility and Reproduction

Bridgeman & Millns, Feminist Perspectives of Law, Chapter 5

Stanworth, Reproductive Technologies (1994) Polity, Chapter 20

Internet sources
Comment by the organisation Families need Fathers

Pharmacists tackle teenage pregnancy

Differences in Scottish and English law

Contraception and Children

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