Confidential advice given to under-18s about their sexual health and relationships could be reported to the police and be held on 'soft' intelligence files, according to proposals that are being investigated by the UK's Information Commissioner.
The British Medical Association has joined other health professionals, teachers, youth organisations and human rights groups in warning against changes to confidentiality rules when advice and information is given to young people on sexual matters in a joint statement issued today.
Some local authorities have already adopted protocols that require professionals to conduct personal assessments on all under-18s believed to be in sexual relationships, to share information about those relationships with others and to make police checks on young people and their partners.
The Information Commissioner is investigating a complaint from Action on Rights for Children (ARCH) that the police will hold all enquiries that they receive about young people on ‘soft’ intelligence files.
According to the statement, signed by the British Medical Association, ARCH, the Association of Teachers and Lecturers, Liberty, the Family Planning Association and many others:
"We fully appreciate that the aim of the Government and [Area Child Protection Committees] is to afford young people the fullest possible protection against exploitation and abuse. We share that aim unreservedly; however, we believe that these protocols will actually damage the health and wellbeing of young people."
ARCH sent a copy of the Protocol of the London Child Protection Committee to the ICO. In reply, Louisa Stillwell, Senior Guidance and Promotion Manager with the Information Commissioner's Office (ICO), wrote that the ICO is not against the concept of data sharing where this is in the best interests of a child or young person – and the Data Protection Act is not a barrier to sharing in such circumstances. However, she added, "we also recognise that there should be ways to do this which offer a proportionate response to the risk to individuals and this Protocol seems to go beyond this proportionate response."
The ICO is contacting the London Child Protection Committee and others involved with the Protocol.
However, the practitioners are also extremely concerned that the protocols may soon become Government policy when it brings out the new version of the national guidance, Working Together to Safeguard Children.
The protocols are already reflected in a draft of this guidance which will be distributed nationally when finalised. The practitioners caution that any change in current levels of confidentiality could have serious consequences for the health of young people, and for the public health.
