GPs facing prosecution for handing out Pill to girls aged 10

May 9 2005

Some Scottish doctors could be facing prosecution after it was revealed they have been prescribing the contraceptive pill to girls as young as ten.

In Scotland, having sex with a girl under 13 is classified as statutory rape in line with age-of-consent laws and the offence carries a maximum life sentence.

A new study by researchers at Aberdeen University has found that at least two ten-year-olds are among 23 girls under 13 who have been given the pill by GPs in Scotland.

The disclosure has sparked fury among politicians and family groups and prompted demands for an investigation that could lead to the doctors being charged with a criminal offence.

Legal experts have confirmed that the doctors who prescribed the pill to the youngsters may have acted illegally.

The British Medical Association (BMA) and the General Medical Council tell doctors they can prescribe the pill to girls of any age if they are deemed mature enough to make the decision but if they are under 13 doctors are expected to report it to the police or social workers responsible for children at risk. Whether this occurred in the 23 cases in the study or whether the children’s parents were informed is not known.

Dr James McLay, a clinical pharmacologist at Aberdeen University, who led the study, says that it is of concern that the girls who are under 13 and on the oral contraceptive should be reported to social workers because they are being subjected to rape.

Scottish health minister Andy Kerr has been called on by Shona Robison, the health spokeswoman for the Scottish National Party, to immediately investigate the findings.

Robison, like many others says she is absolutely astounded and fails to understand why a child of this age would be prescribed contraception. She regards it as highly unethical and wants the health minister to issue clear guidance to ensure the practice ceases.

Robison also says the legality of prescribing contraceptives to girls who are under age and therefore not able to consent to sex is something the Scottish Executive must also now examine.

The study analysed the prescribing records of every family planning clinic in Scotland as well as 161 GP practices, covering more than 35,000 girls. It showed that nine girls under 13 had been prescribed the pill at family-planning clinics and 14 at GP surgeries in the past year.

The family planning clinics refused to provide a breakdown of the girls’ ages, but GPs’ records showed that oral contraceptives were given to two ten-year-olds, three 11-year-olds, nine 12-year-olds and 35 13-year-olds. In total, 1,376 girls under 16 were given the pill.

Paul McBride, vice-chairman of the Criminal Bar Association, said there was serious concern that GPs were acting illegally.

Dr Mary Church, the joint-chair of the BMA’s Scottish GPs committee, says she is confident that GPs will not have taken the decision lightly."

The study is to be published in the Archives of Disease in Childhood medical journal.