This menu choice groups child protection and parental drug use.
This page covers vulnerable young people, consent to treatment and confidentiality, Fraser Guidelines and briefly, Four parameters for disclosure.
This menu item also covers a number of separate pages:
Four parameters for disclosure (in more detail)
The four parameters can be used to determine whether confidential information given by a young person should be disclosed to social services or the police because of concerns that a child may be "suffering, or at risk of suffering, significant harm" as a direct result of their substance using behaviour.
Parental drug use - Hidden Harm?
An overview of the the 2003 publication Hidden Harm report.
Family Alcohol problems
Wendy Robinson provides some useful background material. She covers possible effects on family life; effects on family functioning; effects on children; characteristics of problem drinking parents; longer term effects; children of problem drinkers; protective factors, and increasing resilience.
Parental drug use, child development, and parenting capacity
In an extract from Cleaver et al. (1999), the effects of parental drug and alcohol use on the child are included. They point out that it can be difficult at times to distinguish the effects of substance use from the effects of mental health (e.g. where there is co-morbidity or a dual diagnosis) and domestic violence (e.g. where violent behaviour stems from excessive alcohol use).
Child protection and parental drug use
Substance use, whether by young people themselves, or by their parents/carers, can present challenges to all services.
This section should not be seen in isolation to the other sections of this website.
Vulnerable young people
Many agencies are highlighting the needs of vulnerable young people. Who are these young people?
A proportion of young people are seen as potentially more vulnerable to problematic drug use compared to their peers (Department of Health 1998; Health Advisory Service 1996, 2001). These vulnerable young people include:
- Children looked after and those in foster care.
- (Some agencies are also considering young people on the threshold of care).
- Young offenders and those in the criminal justice system
- Young people with special needs.
- Young people with parents who have problematic drug/alcohol use (parental drug/alcohol use).
- Those from families who misuse drugs or alcohol.
- School excludes, truants and those young people out-of-school.
- Homeless young people.
- Runaways.
- Those young people or sell sex.
- Young people with mental health and disruptive behavioural disorders.
- Along with general work with young people, Drug Action Teams are expected to report on their progress in supporting many of the above groups.
See also risk and protective factors. Some identified risk factors for problematic drug use correspond with the above list.
Consent to treatment and confidentiality
Consent from a young person is not legally required for them to 'receive' advice and information relating to substances and their use, as this is not considered treatment.
This section outlines how to gain consent to treatment including counselling. This information is also given in Department of Health (2001) Seeking consent: working with children.
- To reiterate, consent is not required for advice and information relating to substances and their use, as this is not treatment.
- Consent is required for treatment, which includes counselling or other psychological intervention, physical interventions including the provision of medication.
- Young people over the age of 18 are by law, regarded as competent to consent to their treatment. Young people between 16 - 18 years are generally regarded as competent to consent to their treatment.
- Children under 16 are generally regarded as lacking competence to consent to medical treatment (Fraser Guidelines, Mental Health Act 1983, Code of Practice 1999).
- Treatment should not proceed without informed consent from either parent/legal guardian of the young person (Fraser Guidelines, Mental Health Act 1983, Code of Practice 1999).
- Parental responsibility in some cases may lie with the local authority designated in a care order in respect of the child (but not when a child is being looked after under section 20 of the Children Act) or when the local authority holds an emergency protection order in respect of the child.
- Where a young person is under 16, and requests treatment without parental consent, assessment of competency to consent must be undertaken.
- Whether a young person is competent or not, this does not necessitate the content of a session with a young person being disclosed.
- All policies and procedures should incorporate legal responsibilities, as failure to gain consent to treatment in law constitutes assault.
- Withdrawal of consent by a young person or parent/legal guardian can be given at any time and in such cases treatment should be stopped.
Fraser Guidelines (Mental Health Act 1983 Code of Practice, 1999)
Young people under 16 have the right to confidential medical advice and treatment if the provider assesses that the young person:
- Understands the advice and has the maturity to understand what is involved.
- Their physical and/or mental health will suffer if they do not have treatment.
- It is in their best interests to give such advice/treatment without parental consent.
- Will continue to put themselves at risk of harm if they do not have advice/treatment.
- Cannot be persuaded by the doctor/health professional to inform parental responsibility holders(s), nor allow the doctor to inform them.".
Four parameters for disclosure
The next page helps you to consider whether any concerns about possible child protection should be passed on. These concerns would usually be passed to your line manager, the Designated Child Protection Lead in your school, or direct to Social Service Children and Families Access and Assessment. Click here