Providing Contraception Through School-Based Sexual Health Services

Most young people under the age of 16 are not having sex and the majority of people - parents, professionals and young people - agree that young people, including those under 16, have a right to confidential advice and treatment as required.

This right to confidentiality is enshrined in case law following the case of Gillick vs West Norfolk and Wisbech AHA & DHSS 1986 in which Ms Gillick took the Health Authority to court for failing to consult with her about providing her daughter with contraception. Lord Justice Fraser who ruled in the case ruled that it is legal for health professionals to provide contraceptive advice and treatment if the young person has sufficient maturity and judgement to enable them fully to understand what is proposed. The case identified the following five expectations of best practice which have come to be known as the Fraser Guidelines:

• the young person will understand the professional's advice;
• the young person cannot be persuaded to inform their parents;
• the young person is likely to begin, or to continue having, sexual intercourse with or without contraceptive treatment;
• unless the young person receives contraceptive treatment, their physical or mental health, or both, are likely to suffer;
• the young person's best interests require them to receive contraceptive advice or treatment with or without parental consent.

Evidence shows that high quality sex and relationships education, provided by parents and at school, combined with access to free, confidential sexual health services delays the age young people first have sex and increases the likelihood they will use contraception when they do have sex. Evidence also shows that access to contraception reduces teenage pregnancy - in England our rates are now the lowest they have been for over 40 years.

Contraceptive advice and treatment in schools or Further Education colleges is provided by highly trained health professionals, often with the support of equally skilled youth workers. It is not new for schools or Further Education colleges to provide these services which are developed in consultation with parents, young people and the community. Indeed you can find articles that I have written about this issue earlier this year:

Over many years parents have told me they hope their children won't have sex too early. They also hope that their children will be able to talk to them with any questions about relationships, sex or sexuality. Many of them also say they accept that may not feel possible and that in those circumstances they absolutely want their children to be able to get the help and advice they need from health professionals, especially if the alternative is they are denied the support and information that will help protect them from harm.

We must challenge the myth that health professionals undermine parents wherever we hear it. It has the potential to unfairly and unnecessarily damage the confidence parents have in health professionals.

Over the past almost 50 years since Brook was established we have learnt that the younger someone is that comes to us for advice and treatment the more likely they will be in need of emotional and practical support and advice that goes well beyond the provision of contraception. All of us must be committed to ensuring they get that support. We have also learnt that the individual and personal circumstances of the young person will also determine who they can and feel able to trust.

I, like most sensible adults who work with young people, want them to be safe and happy, and to only have sex when they are able to enjoy and take responsibility for it. Sexual health services and the professionals who work in them tirelessly day in day out are fundamental to achieving that goal. Central to the work they do is ensuring young people understand their rights, the law, the importance of consent, health risks and how to protect against them. If they believe there is a risk of harm or abuse they will ensure that young person is supported appropriately.

Brook's strategy states "children and young people deserve the best support and services so they can take responsibility for and enjoy their relationships, sex and sexual health. We must have high expectations for them so they can set high expectations for themselves." 

This isn't the first time that there has been a moral panic about young people under 16 and sex and contraception and I know it won't be the last. All the evidence shows there is a broad consensus in support of sex and relationships education and young people's rights to access confidential advice and treatment in the UK. And it is good to see this reiterated by Dr Dan Poulter, the Health Minister who states unequivocally in The Daily Telegraph that 'young people under the age of 16 are legally able to access contraceptive and sexual health services and any advice given will be kept confidential'.

Researchers to debate benefits of sexual abstinence education in schools

Researchers from Sheffield Hallam University have said that introducing abstinence education into schools in the UK could be a less effective substitute for Sex Education. 

A debate on the issues surrounding abstinence education is to be hosted by Sheffield Hallam and their partners as part of the Economic and Social Research Council Festival of Social Science 2012.

Dr Julia Hirst, from the Sheffield Hallam University Public Health Hub has said that the event is intended to "bring together politicians, teachers, youth workers, young people and their parents to discuss the re-emergence in our society of views promoting abstinence education in schools and youth settings."

Currently available research does not support the view that the only way to avoid unintended pregnancy, Sexually Transmitted Infections and HIV is through teaching and implementing absolute abstinence from sexual activity. In fact research in the US highlights the negative outcomes of teaching abstinence as far more severe. Abstinence education can lead to “increased risks of unprotected sex and... reluctance to seek advice or treatment related to sexual health and relationship matters," according to Steve Slack Sheffield’s Director of the Centre for Sexual Health.

Evidence shows that access to Sex and Relationship Education (SRE) can have a positive effect on increasing the age of the first sexual encounter of individuals. SRE does provide strategies and support for young people who wish to abstain from sexual activity. However, by providing SRE young people who wish to partake in sexual activities have a better understanding on safer sexual practices, reducing the risk of unprotected sex and unwanted pregnancies as well as STI’s.

A greater focus on the issue of relationships, safe sex and sexuality should be included in SRE according to research and this should be provided to young people earlier than is currently the case. Steve Slack confirms that "sex education overall is too little and too late and often fails to address young people’s expressed needs for across-the-board sex and relationships education."

Dr Hirst claims that we should take influence from SRE in the Netherlands and Sweden where STI’s, unwanted pregnancy and relationship abuse is far lower than in the UK.

The Saying 'No' to Sexual Abstinence event is due to be held at Sheffield Hallam on November 5th 2012.

Police call for school sex case alerts to be issued to parents

State Education Minister Grace Portolesi. Picture: Brooke Whatnall 

POLICE have joined community groups and child abuse experts in demanding parents be told about any incidents of sex abuse in schools. 

The calls increase pressure on the Education Department, which allegedly gagged a western suburbs school council from telling parents about a staff member who was convicted of the sexual assault of a student in 2010.

Department policy does not require disclosure of sexual abuse in schools.

Education Minister Grace Portolesi said yesterday she was not aware if the department had pressured the school into keeping details of the abuse secret but would appoint "within days" someone to head an independent investigation into the incident.

"I am committed to getting to the bottom of what has transpired," she said.

The State Ombudsman has also been investigating the matter since March.

Mark Christopher Harvey of Largs North was convicted in February this year of unlawful sexual intercourse with a young girl in 2010 while she was attending his out-of-hours school care program.

Child protection expert UniSA Emeritus Professor Freda Briggs said parents on the school's governing council approached her about a year ago because they were unhappy parents had not been informed.

"They were concerned because they claimed that an administrator from the department had banned them from telling other parents what had happened," she said.

"They were concerned because they thought there could be other victims."

Ms Portolesi said she had no knowledge of other cases where parents were kept in the dark.

Prof Briggs said it was not the first time she had been told that claims of sexual abuse were being kept secret.
Ms Portolesi has been under fire this week after she told Parliament on Tuesday her department had kept details of Harvey's misdemeanours secret on the advice of police.

SA Police later released a statement rejecting that and yesterday a police spokesperson told The Advertiser parents had a right to know if allegations or charges had been levelled against a teacher or staff member.
"SAPOL believes that guardians and parents of children placed in a position of potential harm should be made aware of incidents such as these," the spokesperson said.

"This is so they have the appropriate information to assess whether their child may have been a victim of abuse.

"It also gives parents an avenue to voice or share concerns and information with the school.
"While there may be times where SAPOL requests some evidentiary information is withheld, as it may impact the ongoing investigation or judicial process, that would certainly not preclude generic details being given."

SA Association of State School Organisations director David Knuckey said he had been flooded with calls expressing outrage that such information was withheld.

"If the current policy does not require parents to immediately be informed when their child has been at risk, it should be changed," he said.

SA Association of School Parent Clubs president Jenice Zerna said schools must be "open and transparent" with parents.

The State Ombudsman has also been investigating since March.

Departmental policy is to deal with schools and police to decide on action following incidents, Ms Portolesi said, but it depended on "the circumstances surrounding the individual case" as to whether parents were notified.

A spokeswoman for Premier Jay Weatherill, who was education minister when the 2010 incident occurred, said he found out about the case on Tuesday.

In Parliament he said the Government did need to explain to parents why it kept the information secret.

Education Minister Grace Portolesi denies misleading Parliament over sex predator who ran out of school hours care

SA Education Minister Grace Portolesi. Picture: Brooke Whatnall 

ENSURING pedophiles found to be abusing children in schools are sent to jail is a factor in how each case is handled, Premier Jay Weatherill says. 

Today Education Minister Grace Portolesi has denied misleading Parliament over a case where man sexually abused a young girl at the out-of-hours school care program he ran in Adelaide's north-western suburbs.
Mark Christopher Harvey, of Largs North, was convicted in February this year of unlawful sexual intercourse with a young girl in 2010.

Parents are angry they were not told at the time of the charges, but Ms Portolesi told Parliament the police advised against notifying the community. Police later rejected that version of events. She has now ordered a review.

Mr Weatherill said it was important that parents were informed of any allegations.

"If I was a parent in these circumstances and there was somebody who had been a perpetrator in the midst of my children, I would want to know about it,'' he told Parliament today.

But he said it was also important not to jeopardise the chances of a successful prosecution.

"There are things to balance and one of the things we need to balance is to make sure we lock up these people when they perpetrate these evil crimes,'' Mr Weatherill said.

"One of the factors that bears on your capacity to lock someone up is not to taint the chain of evidence.''
Earlier today, Ms Portolesi said her department did not always require authorities to notify the community if abusers have access to children at schools.

Ms Portolesi said the Education Department dealt with schools and police to decide on action after incidents at schools but it depended on "the circumstances surrounding the individual case" as to whether parents were notified.

After sustained questioning Ms Portolesi said she had no knowledge of any similar cases where information had been kept from parents.

Ms Portolesi said she would prefer families were told but the department must act on expert advice.
"I suspect that somewhere along the line there has been a misunderstanding about what should or shouldn't occur," she said.

Ms Portolesi also revealed:

SHE first became aware of the case when she received a briefing note in March this year.

MARK Harvey was never registered as a teacher and was stopped from interacting with children upon his arrest.

AN Ombudsman's review into the same incident has already begun.

SHE hoped to appoint someone to head a second independent investigation on her order within a few days.

SHE had spoken about the issue with Premier Jay Weatherill, who was Education Minister in late 2010 when the incident occurred.

"I'm the minister responsible for this matter," Ms Portolesi said. "He (Mr Weatherill) has been clear that he has no recollection of these events."

Opposition Leader Isobel Redmond said parents should always be notified of concerning incidents at their child's school.

"We believe the policy should clearly be that parents have an entitlement to know, its absolutely essential," she said.

"The Minister owes ... the parents of this state an explanation."

EARLIER
STATE Education Minister Grace Portolesi has called an independent review over claims parents were not told a paedophile had access to school students.

Police yesterday contradicted Ms Portolesi's claim they advised against telling parents that an out-of-hours school care program staff member sexually assaulted a child in his care.

At 11am today, Ms Portolesi told Parliament: "In regard to the serious matters raised yesterday, I advised the House on the basis of advice given to me. However it is now apparent that there is a difference of opinion and that is cause for concern."

Ms Portolesi said this was why she would instigate an independent review of the incident.
Liberal MPs heckled Ms Portolesi across the chamber after her short statement, asking "is that it?" and if it meant she stood by her comments yesterday.

Another later described the statement as "hopeless".

Mark Christopher Harvey, of Largs North, was convicted in February this year of unlawful sexual intercourse with a young girl in 2010 while she was attending his out-of-hours school care program in the northwestern suburbs.

However, a mother of children who also used the program - who did not want to be named - has said parents were never informed.

"I just want to know why we weren't advised," she said.

"I think it's our right. I feel like a failure as a mother because I was not advised of this and was not able to help my children from the start."

Ms Portolesi emphatically told Parliament yesterday the decision to keep the information from parents had been "on the advice of SAPOL".

However, a statement released last night by SA Police said the principal of the school involved was "advised by police that she should consult with DECS (the Education Department) to formulate a method of advising the school community what had occurred".

Today, she told ABC 891 Breakfast she had not misled Parliament.

"I provided advice to Parliament on the basis of very clear advice that I had been given in writing, so that's not the case," she said.

"What's really important for me as minister to do in these very complex situations which are very serious, is that I have to defer to the advice of expertise."

Ms Portolesi said she was launching an independent review including advice given to the State Government about informing parents and the school community.

"There are three elements that need to be balanced here. The first is the fact that actions taken by any element of Government in relation to this matter, or any future matters like this, should not jeopardise a successful prosecution," she said.

"The second element is that the child in question must be protected and must not be subject to further harm.
"The third question, very important question, is the need of the community to know, the rights of the community to know."