Child protection, safeguarding and confidentiality
The latest information and guidance from the Cornwall and Isles of Scilly Local Safeguarding Children Board includes model child protection and safeguarding policies and other key documents.
As part of the Healthy Schools process there needs to be a clear statement on child protection and confidentiality in all SRE policies. Children, young people, teachers, school staff, and visitors to PSHE lessons need to be familiar with the confidentiality statement and work within it. Parents and carers should also be made aware of the school’s confidentiality policy and how it works in practice. It is important that all pupils and students are constantly reminded in language appropriate to their age and maturity that teachers and other adults in a classroom setting cannot offer or guarantee absolute confidentiality. This can be done through discussions about group agreements.
It is important that pupils and students learn that it is not appropriate to make very personal disclosures during a lesson. As an integral part of PSHE, pupils and students should be made aware of confidential sources of information. These confidential sources of help could include helplines such as Childline, the school nurse, the school counsellor or a local young people’s advice service or local sexual health service.
Schools should establish clear lines of communication and the principle of personal information being shared on a ‘need to know’ basis and in the best interests of the child. It may be important to share appropriate information with a teacher of SRE. It is important that all school staff respect information given to them in confidence. Information about a pupil should not become a matter for general discussion among staff.
Teachers and support staff need to be aware that good SRE, which brings an understanding about what is and is not acceptable in a relationship, can lead to pupil or student disclosure. If a member of a school’s staff suspects that a child or young person is a victim of abuse or they have reason to believe that he or she is at risk of abuse then they should follow the recommendations in What to do if you are worried a child is being abused (DfES, 2006), and Safeguarding children and safer recruitment in education (DfES, 2006). School procedures include passing information to the designated teacher for child protection and safeguarding.
Pupils and students should be reassured that if confidentiality has to be broken, they will be informed first and then supported as appropriate. There may be rare occasions when a primary age child who is sexually active or contemplating sexual activity directly approaches a primary school teacher. This should immediately be viewed as a child protection issue.
At secondary level, good SRE should enable and encourage young people to talk to a trusted adult, possibly a parent or carer, if they are having sex or contemplating doing so. Students should also be reminded that the age of consent for heterosexuals and same sex relationships is 16. Schools should ensure that information about local sexual health and support services in the wider community is accurate, available and accessible in private and public ways, including to those under 16.
There may be cases where a member of staff learns that an under 16 year-old is having or contemplating having sex. Decisions to follow child protection procedures should be made, depending on the age or maturity of the student, if it is not clear whether the young person consented to any sexual activity or if there is a large age gap between the young person and their partner. There may be some grey areas here, and it is important that members of staff have had time to discuss these issues with the designated child protection / safeguarding lead. Methods of addressing these issues should be established and lines of communication and decision-making clarified and reflected in the policy. If it is decided that it is not a child protection issue then the best interests of the young person should be carefully considered. Attempts should be made to persuade the young person to talk to parents, a carer or an older family member.
See also the section on contraception for guidance on teaching about contraception and providing pupils with information and access to it.
Sexual Offences Act 2003
Some were concerned that this law could mean teachers and others could not provide advice and support. It is important to note that this is not the case.
“The Act aims to clarify what constitutes a crime of a sexual nature against children, young people and adults. The Act does not limit children’s right to SRE and sexual health support and advice. The law ensures that those providing information and support with the purpose of protecting a young person from pregnancy, STIs, protecting their physical safety or promoting their wellbeing, will not be guilty of an offence”.
From Sex Education Forum briefing June 2004.
