Child Protection Procedures - East Ayrshire Council

3.5 Medical Examinations
3.5.1 Every doctor is acutely aware of his/her duty of confidentiality and
this can sometimes cause confusion and uncertainty where child
abuse is disclosed or suspected. It may be helpful therefore to point
out that the General Medical Council has clearly advised that:
3.5.2 ‘If a doctor has reason for believing that a child is being physically or
sexually abused not only is it permissible for the doctor to disclose,
information to a third party but it is the duty of the doctor to do so’
(Annual Report of the General Medical Council 1987).
3.5.3 In cases of suspected abuse, there are two parallel considerations:
(a)
(b)
The need to ensure that the child’s welfare is paramount
and that he/she receives any necessary treatment.
The need to secure the best possible forensic evidence
necessary to both protect the child in the future and to
prosecute the perpetrator.
3.5.4 If these two principles are not to conflict it is essential that there is
clear and effective liaison between Medical Services, Social Work
and the Police, in particular to ensure that medical examinations are
kept to an absolute minimum.
3.6 Consent to Treatment
3.6.1 In cases of urgent necessity, a doctor may carry out emergency
treatment without the consent of the parent. Otherwise, parental
consent is required for treatment and for any forensic examination.
However, the Age of Legal Capacity (Scotland) Act 1991 allows that
a child under the age of 16 can consent to any medical procedure or
practice if in the opinion of the attending medical practitioner he/she
is capable of understanding the nature of possible consequences.
By implication, a child may withhold consent and no child should be
examined for evidential purposes against his or her will or if it causes
him/her undue distress.
3.6.2 If a parent withholds consent, and the child, in the view of the
medical Practitioner cannot give informed consent, every effort
should be made to engage with parents in order to attempt to resolve
the conflict. Where this cannot be resolved the police may apply to
the Sheriff for a warrant authorising examination if there is an
overriding public interest. Furthermore
• the Local Authority can apply for a Child Assessment
Order
• the Local Authority can apply for a Child Protection Order
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