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CHILD PROTECTION

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									CHILD PROTECTION




                   Myra Lamont, MBE
                   Associate Director, Nursing
                   The Sandyford Initiative
POLICIES


CONFIDENTIALITY

CHILD PROTECTION
CONFIDENTIALITY



 All young people have a right to confidentiality

 Confidentiality does not prevent sharing information when a young
 person is at risk

 If information shared, consent obtained of young person concerned

 Lack of confidentiality, barrier to accessing care

 Information available – how confidentiality works with a service
THE RIGHTS OF THE CHILD


The United Nations Convention on the Rights of the Child (UNCRC) 1991

   Each child has a right to be treated as an individual


   Each child who can form a view on matters affecting him / her has the right
   to express those views if he / she so wishes


   Each child has the right of protection from all forms of abuse, neglect or
   exploitation
PARENTAL RIGHTS


 Children (Scot) Act 1995

 Safeguard and promote the child’s health, development and welfare until 16

 Give direction and guidance until 18

 Maintain regular contact with the child until 16

 Act as a legal representative
PROFESSIONAL RESPONSIBILITES

 Code of Practice on protecting patient confidentiality (Scottish Executive 2003)

 Code of Professional Practice

 Vulnerable People

 Age of Legal Capacity (Scotland Act 1991)

 Rights of the Child

 Fraser Guidelines
AGE OF LEGAL CAPACITY (SCOT) ACT 1991



 Any competent young person regardless of age can seek medical
 advice and give valid consent to medical treatment. This is effective if
 the practitioner believes that the young person is capable of
 understanding the nature of possibly consequences of the treatment.
FRASER GUIDELINES

Gillick Competency, House of Lords 1980
A professional would be justified in giving treatment without parental
knowledge provided the professional is satisfied that certain criteria is meet

   The young person understands the advice being given
   The young person cannot be persuaded to involve parents / carers or medical
   practitioner
   It is likely that the young person will continue or begin having sex with or without
   treatment i.e., contraception
   Without treatment the young person’s physical and mental health will suffer
   The young person’s best interest requires contraceptive advice, treatment or
   supplies without parental consent
   The young person can demonstrate that she / he is competent to give consent
   The young person decision is made freely and without pressure
BREACHING CONFIDENTIALITY
‘Exceptional Circumstances’

 Where there are signs of physical neglect or emotional, sexual harm

 The young person is at significant risk / harm where physical harm if
 they return to the situation where physical, emotional or sexual abuse is
 present

 The young person is threatening suicide or appears to have attempted
 suicide or self-harm

 The young person is at risk to others

 The health professional feels strongly that the young person may be in
 serious danger but there is not enough information to make a decision
DATA PROTECTION ACT 1988


 Young People should be aware of recording and reporting systems

 Parents have no rights to see health records unless the young person
 has given consent or deemed too young to understand how to make
 are request

 Information on how to make a complaint should be available
RESPONSIBILITY FOR
CONFIDENTIALITY


 Team / Service

 Sharing Information

 Young Person’s Consent / Co-operation
CHILD PROTECTION
(SCOTTISH EXECUTIVE MARCH 2004)




FRAMEWORK FOR STANDARDS

 The Framework for Standards sets out what each child in Scotland
 can expect form health professionals and agencies to ensure they
 are adequately protected.
STANDARDS

1.   Children and young people get the help they need and when they need it
2. Professionals taking timely and effective action to protect children / young
   people
3. Professionals ensure children / young people are listened to and respected
4. Agencies and professionals work together to assess needs and risks and
   develop effective plans
5. Agencies and professionals share information
6. Professionals are competent and confident
7. Agencies work in partnerships with members of the community to protect
   children and young people
8. Agencies individually and collectively demonstrate leadership and
   accountability for their work and its effectiveness
LAW RELATING TO YOUNG PEOPLE

 AGE

  UNDER 13
 Incapable of giving consent, unlawful sexual intercourse
  consider to be rape whether consent given or not
RISK ASSESSMENT


 Actual age of the client, age reflect maturity?

 Age of partner, more than 3 years older than a person under the age
 of 16 should raise concern

 Nature of the relationship? obvious power imbalance

 High risk sexual activity

 Duration of sexual activity from an early age

 Possibility of prostitution / sexually exploited

 Possibility of other young people at risk
SUMMARY


 Legislation to protect young people and the professional

 Child Protection Standards

 Risk Assessments

 Referral Pathways

 Audit Trail

								
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