Confidentiality

Your rights

Doctors, nurses and other health workers have a duty NOT to give out information about you without your consent, whatever your age, except in exceptional circumstances.

You have the right to talk to a doctor or nurse in complete confidence about issues concerning your health and welfare. The only reason why a medical professional can share information you have given them with another professional is if sharing information is necessary in order to protect a child from harm or abuse. Even in this situation you should be informed of who else needs to know and why.

Confidentiality for under 16s

The same rules apply on confidentiality for under 16s. Unless disclosure is necessary to protect a young person or child from harm or abuse, any discussion with a medical professional should remain confidential.

Even if a doctor decides that a young person is not mature enough to make a decision about their treatment, the conversation should remain confidential.

Who can you talk to if you are under 16

Teachers and other members of school staff may not be allowed to keep your discussion with them confidential, so you may be better off talking to a school nurse or someone outside of school if you want to discuss your sexual health or pregnancy.

Consent for contraceptive treatment or abortion

Women in the UK do not need to seek consent from anyone in order to be given contraceptive treatment or to have an abortion. The decision to have an abortion is taken by a woman and approved by two doctors. For more see Abortion Law.

Consent for contraceptive treatment or abortion for under 16s

Although it is an offence for a man to have sex with a girl under 16 (17 in Northern Ireland) it is lawful for doctors to provide contraceptive advice and treatment without parental consent providing certain criteria are met. These criteria, known as the Fraser Guidelines, were laid down by Lord Fraser in the House of Lords' case and require the professional to be satisfied that:

• the young person will understand the professional's advice;
• the young person cannot be persuaded to inform their parents;
• the young person is likely to begin, or to continue having, sexual intercourse with or without contraceptive treatment;
• unless the young person receives contraceptive treatment, their physical or mental health, or both, are likely to suffer;
• the young person's best interests require them to receive contraceptive advice or treatment with or without parental consent.

Although these criteria specifically refer to contraception, the principles are deemed to apply to other treatments, including abortion. Doctors will encourage a young person to involve a parent or carer in the decision to have an abortion because most parents are able to be supportive.

However, if the doctor agrees that it is in her best interest to have an abortion without parental involvement and believe the young woman is competent to consent to this treatment it is possible to refer her without consent.

For further information see:
www.brook.org.uk