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11.
School staff should understand that outside professional
working in the school may be guided by different codes of
confidentiality. Example - School Nurse offering an open
appointment facility for students. Generally speaking health
professionals work within a code of conduct known as the
Frazer guidelines (judgement made by Lord Frazer in 1985).
The guidelines are set within the context of contraceptive
advice and treatment but the principles may influence judgements
about other advice and support given to students under 16.
In 1995, Lord Frazer said that a doctor can give
contraceptive advice or treatment to a person under
16 without parental consent, providing the doctor
is satisfied that:
- The young person will understand the advice
- The young person cannot be persuaded to tell
his or her parents or to allow the doctor to tell
them that they are seeking contraception advice
- The young person is likely to begin or continue
having unprotected sex with or without contraceptive
treatment
- The young person's physical or mental health
are likely to suffer unless he or she received
contraceptive advice or treatment.
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Note
A school could decide to build the Frazer
guidelines into its policy and procedures on confidentiality.
The Law
a. There is no legislation relating specifically
to confidentiality in schools.
b. The Frazer guidelines would probably
be used in making judgements about the actions of a professional
working to support and advise a young person under 16.
c. A basic principle of the Children Act
1989 is that the welfare of the child should be the paramount
consideration of any court proceedings.
The Legal Rights of Parents/Guardians
a. "Schools are required to provide
one written report to parents each year, although many provide
more than one" (Assessment and Reporting Arrangements,
QCA 2001)
b. Parents/guardians have a legal right
to see their child's file but must give a minimum of two
weeks notice to the school.
c. Parents do not have an automatic legal
right to speak to a member of the school staff.
d. The schools first legal responsibility
is to the interests and welfare of the child and not, in
the first instance, the interests of parents.
e. Parents/guardians do not have an automatic
legal right to be informed of all issues that may relate
to their child.
REFERENCES
Barnsley Safeguarding Children Board -
Child Protection Procedures 2007
Confidentiality in Schools - Sheila White
- Brook Publications - September 2001
Department for Education and Skills - Working
Together to Safeguard Children (2006)
Sex and Relationship Education Guidance
- DfEE 0116/2000
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