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Doctors' code of silence will hide under-age sex from parents
Last updated at 06:37am on 28.09.07
Doctors have been ordered to 'respect the rights' of children to make decisions for themselves
Parents will be denied the right to know if their child is having under-age sex under controversial guidelines for doctors unveiled yesterday.
Doctors were told they should not tell parents if children up to three years below the age of consent approach them for contraceptives or an abortion.
There will even be times when parents would not be informed if children under 13 are sexually active.
The General Medical Council said last night that this would apply where doctors believed an under-age patient might harm themselves or run away from home if the information were shared with their family.
The written guidance from the GMC is the first time that the medical establishment has given its blessing to the growing practice of GPs handing out condoms and authorising abortions for teenage girls, often without parents having any idea their child is sexually active.
The guidance also controversially advises that children should have the overriding decision on their own healthcare in general, meaning, for example, that a child with cancer would be able to turn down life-saving but painful treatment without their parents having a final say.
It says that in many cases doctors should tell concerned mothers and fathers to leave the room to ensure a child is as open as possible about health problems, including sexual activity.
The guidance was condemned yesterday as "wicked" by family groups, who said it effectively legitimised underage sex.
The medical establishment's formal recognition of children's rights to privacy and to make their own decisions further strips away the rights of parents, a trend which began in 1983 with the Victoria Gillick case, in which the courts told doctors not to tell parents if their daughters were on the Pill.
More recently the Children Act 2004 said that healthcare professionals, teachers and social workers should always put the well-being of children above the views of anyone else - even parents.
Nurses and sexual health charities insisted confidentiality was vital to bring down Britain's rates of teenage pregnancy, the highest in Europe.
Last year, Sue Axon from Manchester lost her fight for the law to be changed to stop under-16s seeking confidential advice on contraception and abortion.
The new GMC guidance says that if a child aged between 13 and 16 asks for advice on sexual health, for contraception or an abortion, the doctor should make an attempt to persuade them to tell their parents.
But if the child is determined not to do so, or will not give the doctor permission to tell them, the parents should not be informed.
Only under extreme circumstances should social services or the police be informed - such as if the child is having sex with a much older person.
The guidance states: "A confidential sexual health service is essential for the welfare of children and young people. Concern about confidentiality is the biggest deterrent to young people asking for sexual health advice.
"That in turn presents dangers to young people's own health and to that of the community, particularly other young people."
Under the Sexual Offences Act 2003, doctors are exempt from prosecution for "aiding and abetting" child sex through providing advice if their aim is to prevent sexual infections or pregnancy. It means they do not have to inform police.
Doctors must be able to justify why they have decided not to refer cases on, though, and could be struck off if the child comes to harm.
Stephen Green of Christian Voice described the guidance as "wicked".
He said: "The idea of using contraception to stop the spread of disease is a dead duck. It will lead to more abortions, more sexual diseases and more infertility."
Norman Wells, of Family and Youth Concern, said: "There is a very dangerous trend in supporting the so-called sexual rights of children. Health professionals are not doing young people any favours by helping them keep their parents in the dark.
"They are hardly encouraging them to value and respect their parents' role, and they are condoning underage sex with all its physical and emotional risks.
"We seem to be losing sight of the fact that the very reason we have an age of consent is to protect children.
"There is a very real danger that doctors may be placing children at risk of sexual abuse and exploitation by colluding with them to keep their sexual activity secret."
CONFIDENTIALITY
Doctors should respect the confidentiality of children just as they would do with adults, the guidance says.
It adds: "When treating children and young people, doctors must also consider parents and others close to them, but their patient must be the doctor's first concern."
Too often, children are afraid to go to their doctor with their parents, meaning their health needs are not met, the report adds.
"You should think carefully about the effect the presence of a chaperone can have. Their presence can deter young people from being frank and asking for help."
It means doctors could ask parents to leave the room if they are concerned a child is not being open enough.
TREATMENT
Some children may be mature enough to decide on which treatment they should have.
The guidance tells doctors that once a child has reached 16, it should be "presumed" they are mature enough to consent to treatment.
Many under-16s may have the capacity to consent, "depending on their maturity and ability to understand what is involved".
Parental opposition to the views of the child makes no odds.
The guidance states: "In England and Wales, treatment can be provided in the young person's best interests without parental consent.
"Parents cannot override the competent consent of a young person to treatment that you consider is in their best interests."
SEXUAL ACTIVITY
In most cases, parents should not be told about their child's sexual activity if they are aged between 13 and 16, the GMC says.
Its guidance adds: "You can provide contraception, abortion and STI advice and treatment, without parental knowledge or consent, to young people under 16 provided that... you cannot persuade that person to tell their parents."
The doctor must also be confident that the child understands the advice, is likely to have unprotected sex, and their health is likely to suffer if they do not receive the treatment.
It adds that a doctor should "usually" tell social services and parents about sexual activity involving children under 13, because the law considers them too young to give their consent.
Reader views (17)
Well I guess these kids will find out when they have their own children, they want to act like adults but can't support themselves but want to have sex and have the parents pay for it when the doctor bills come in when they are pregnant or have a STD...Amazing BTW. What does the Bible say about adultery and obeying your parents.
- Sharon, WA, 03/05/2011 16:35
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I am sixteen and personally feel that having sex is my business as long as i am being safe about it. My mother is not open minded although she herself has not made so many great decisions. My first and last is my bf ; we've been together for a yr and two weeks, both of us have been tested, and are very safe 'never unprotected!' i think that if more parents trusted and respected teens decisions, while correctly placing their opinion into the convo, it wouldn 't be so many std's and pregnancies.
- Khoeco, Fairburn, Ga, 05/09/2010 03:40
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Im 22 years old and to this day still do not talk to my parents about my sex life. I was embarassed enough to tell my mother my period started let alone to say I lost my virginity. I feel that my sex life is personal and would certainly not like to hear about my parents still having sex.
I feel that if an indivdual is mature enough to take control about their health and think about there actions by seeking medical advice about contraception etc, then as a parent you should feel proud that they are looking after themselves and taking precautions. Also if you are unable to approach your own child to ask them if they are having sex as you may be afraid of the answer or feel embarrassed then maybe thats why they havent told you in the 1st place.
Not all children are brought up the same way and what one parent my feel is totally exceptable another may beat their child for. Teenagers have enough going on in their lives to deal with. Having to worry about whether their doctor is going to "tell on them" to their parents for having sex should be the last of their worries.
- Kathy, UK, 17/01/2010 19:37
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i am a teen and i had sex but my mom and dad dont know.i went to see a doctor and they said i was not going to have a baby i was so relieved.i told them not to tell my parents and they didn't.till this day my parents still dont know i had sex.
- Teresa,, sanford,usa, 15/12/2009 00:07
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I think it is upto a individual if they want their parents to know about their sex life, as long as these children are educated in safe sex then it is their business.
I wouldn't have wanted my parents to know when i became sexually active and im glad my parents appreciated that and trusted me.
Most parents would try to stop you having sex anyway if they knew and thats the main reason young people keep it secret.
- Rebecca, Manchester, 24/11/2009 18:42
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its hard being a teenager nowadays, what if we'd had sex once? then are parents obliged to know? i dont think so, we deserve our privacy just as much as you deserve yours as a adult maybe we dont want out parents finding out, its hard. if we know we have someone to go to when we have problems then we wont be scared to visit the doctor if we have a problem, i'd understand if the child was very young like 12 or below but getting to 14-15 we CAN make our own decisions. i mean it we can. we have a mind. depending on the maturity of is it is totally acceptable not to tell the parents what we are doing. also if we have someone to talk to when we have a problem we may then feel confident in time to explain to parents whats up. you have got to understand we want our privacy. once your 13 or 14 dont you get classed as a adult on a plane ticket? if so then we should be classed as an adult in the doctors. be fair see it from out point
- Sophie, Manchester Uk, 18/09/2009 16:11
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I think, all the teenagers out there are scared to tell parents because they may think there not reaching their parents standards which fair enough where not, but if your in a long strong relationship which teenagers feel secure and they have the knowledge to use protection then whats the harm ? Most parents would maybe abuse or abandon their children for being sexually active under the age of 16. If teenagers under the age of 16 are sexually active and they ask there doctor for advice it should be kept confidential if wished so. Its teenagers rights to have someone they can talk to without their parents knowing! I agree with it being confidential!
- Unknown, Uk, 03/09/2009 00:10
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I think that they should be able to make their own decisions legally we belong to our parents spiritually:GOD & Morally: Are selves! So if we belong to our selves we should be able to make our own decisions no matter what are parents think when I lived there if it wasn't for that rule when I was 11 my 14 year old girlfriend would have had to answer to my parents thank god she didn't take that pills! Instead she signed up for a camp that lasted nine months & she had the baby their the parents weren't notified the camp staff kept it a secret one of the ladies went to the hospital & pretended that she gave birth to it and now it's hers and I get to see it whenever I visit ENGLAND! And that's every 3 months! TRUE STORY I LOVE MY BABY BOY!
- Demilo D., Davenport, Iowa, United States, 28/08/2009 00:54
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As a teenager i think that we should have the right to keep our sexual activities a secret until we are comfortable telling our parents. If my parents find out that i am not a virgin, they would kick me out of the house and they wont support me. So i would have no where else to go. Please understand our side of the story. Some of us can't tell our parents but if they know that their parents will understand then they should tell them.
- Tessa, WA, 24/07/2009 21:15
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In all seriousness the majority of you don't seem to understand these teenagers have rights. They are not property and if they show the initiative to get on the pill or condoms they should not have their privacy infringed upon as they are showing maturity.
- Matthew, Hamilton, New Zealand, 05/07/2009 03:29
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I feel this law needs to be changed. We as parents are responsible for children till the age of 18yr. They are not resposible enough to make these decisions, especially if they end up pregnant. How come we are responsible for their actions but have no rights with their sexual health.
- Dana Williams, Hiram, Ga., 24/05/2009 22:32
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parents should always have the right to know what there kids are up to .we have legal wrights to them till there 18 so it should be the same when thay go to the doctors we should have the right to no what there on and what thay up to .there is no wonder this world is like it is letting 13 year olds go on the pill .the pill dont stop sti thay kids FOR GOD SAKE its about time thay acted like kids insted of thinking of SEX all the time .
- Tracey Knowles, chesterfield england, 12/04/2009 00:43
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I think teenagers have the right to keep their sexual life private even from their parents. Parents dont always acept their kids having sex at a early age, and maybe it's wrong to be sexually active if you are a teenager. But if you are going to do it you might as well be safe. I think this law is helping a lot of teenagers girl to be safer. Some girls are really scared to tell their parents they are sexually active but at the same time they wanna be safe. For instance, Im one of those girls and trust me is not fun being scared every time you go to the doctor, because you think he is going to find out you are not a virgin and tell your mom.
- Pamela, miami, Florida, 06/04/2009 21:53
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i find that ridiculous!!! parents should always have the right to know what THEIR own child is up to. At least to a rightful age of adulthood. why are doctors giving out information and contraceptions to kids under the age of 15 without the parents permission!! it should be illegal!
- Lacey Howell, australia, 09/02/2009 00:48
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I think that a mature 15 year old should be able to make their own decisions about sex, and if this option was not provided it would be likely that there would be more teenage pregnancies, which are much worse. Aside from that, as long as they are using contraception then what is the harm?
- Karen Russell, Antrim, N. Ireland, 08/10/2007 19:34
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Emma - better that than an unwanted teenage pregnancy. These guidelines are quite right. What a patient tells a doctor should remain confidential, especially if there is no chance of any harm being done to someone else.
- Sean, London, 28/09/2007 15:24
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So my doctor is allowed to know about my daughter's illegal sex life, but I'm not to be trusted with that knowledge? What the hell are these people thinking?
- Emma, Staines, UK, 28/09/2007 14:58
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