§ Mr. LeighTo ask the Secretary of State for the Home Department what priority is given to protecting medical confidentiality in combating abusive sexual relations. [69758]
§ Mr. LammyI have been asked to reply.
The circumstances in which confidential information about individuals can be disclosed are governed by the common law duty of confidence. This legal obligation in no way constrains health professionals and others who hold confidential information from disclosing such information appropriately where children are at risk.
The Department issued guidance entitled "The Protection and Use of Patient Information" to the national health service in March 1996. This explains that patient information should only be released on a need to know basis if it is required by statute or the courts, is supported by the consent of the individual, or if it is judged that there is a strong public interest justification in disclosure which overrides the duty of confidence to the patient. For example, in circumstances where failure to do so may expose the patient or others to a risk of death or serious harm or the information is needed to prevent serious crime. Disclosure of information in the public interest is a matter of professional judgment and must be decided on a case by case basis by the health professional responsible for the patient's care.
In child protection cases, the overriding principle is to secure the best interests of the child. Therefore, if a health professional has knowledge of abuse or neglect they may disclose relevant information to an appropriate person or authority where disclosure is felt to be in the medical interests of the child patient.