There may be occasions, within or outside the classroom setting, that pupils disclose issues and school staff are unsure how to deal with it. The purpose of this guidance is to clarify the responsibilities of a primary school in relation to maintaining pupil confidentiality.

There is no legislation relating specifically to confidentiality in schools, however, the DFEE (2000) states in Sex and Relationship Education Guidance that;

“Schools must be absolutely clear about the boundaries of their legal and professional roles and responsibilities. A clear and explicit confidentiality policy should ensure good practice throughout the school which both pupils and parents understand . Teachers cannot offer or guarantee absolute confidentiality.”

And;

“It is only in the most exceptional circumstances that schools should be in the position of having to handle information without parental knowledge. Where younger pupils are involved this will be grounds for serious concern and child protection issues should be addressed.”

The guidance goes on to say that on rare occasions a primary school teacher may be approached by a pupil who is having a sexual relationship or is contemplating sexual activity. “This should be viewed as a child protection issue.” In this instance child protection procedures should be followed.

The guidance is reinforced by Barnsley Safeguarding Children Board Guidance (2007), Working Together To Safeguard Children (2006) and The Sexual Offences Act (2003) which states that “sexual activity with a child under 13 is never acceptable-regardless of circumstances-children of this age can never legally give their consent.”

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