New guidance issued by the Department of Health has confirmed that young people under 16 should be able to get contraception, abortion and treatment for sexually transmitted infections from the NHS without their parents being involved. Health professionals also have the same “duty of care” and confidentiality towards under 16s as others, and the duty applies in all settings.

The guidance emphasises that young people should be provided with the time and support to make informed choices and be encouraged to talk to a parent, carer or trained adult. The duty of confidentiality is not absolute and professionals must take care to explore whether sexual coercion or abuse may have taken place. If the professional judges that there is a risk to the young person or someone else that outweighs the young person's right to privacy, child protection procedures should be followed.

This new guidance updates advice issued in 1986 following a House of Lords ruling in the Victoria Gillick case. This established that children under 16 could receive contraceptive advice and treatment in confidence. In working with young people, consideration should be given to the “Fraser” guidelines resulting from the Gillick case. These include the understanding of the young person, that their mental or physical health may suffer if they do not receive help and that the young person's best interests are being served.

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