Young people and the Fraser guidelines: confidentiality and consent

Abstract

Key content: • Under the Sexual Offences Act 2003, sexual intercourse and all forms of sexual touching of a minor are illegal in England and Wales. • There is no legal obligation to report underage sex unless exploitation is suspected. • Under the Fraser guidelines, a doctor is able to give contraceptive treatment or advice to a person under the age of 16 years, provided certain criteria are met. • The duty of confidentiality owed to a person under 16 years of age is the same as that owed to any other person. • All staff who deal with minors in a health setting need to be able to weigh up the conflicting priorities of the need for confidentiality and the possibility of sexual exploitation. Learning objectives: • To learn about the legal issues concerning consent and confidentiality with regard to minors. • To learn how to apply the Fraser guidelines and assess risk of exploitation when issuing sexual health advice or treatment to minors. Ethical issues: • How can a doctor working with young people make health services user-friendly while needing to identify and report abusive situations and respect parental rights?