Again, going by the letter of the law, it is illegal for them to do so. But again, there is a grey area. The law in these kind of cases not widely enforced. Even if the police did for some reason get involved in a case, they may well decide not to proceed with it, and the CPS may stop the case on public interest grounds. But as it is a grey area, the individual circumstances of the case are going to be what is conclusive, and the law does some times get involved.
Parents are in a difficult position.
If they are aware of their underage children having sex they could theoretically risk prosecution for aiding and abetting the unlawful intercourse. But there is a possibility in the future that parents could be subject to a parenting order, a new measure introduced by Home Secretary Jack Straw to make parents have some responsibility for crimes committed by their children. But this new order only applies where a crime has been proved, and is really designed to address anti-social behaviour such as vandalism and theft. But Ms Rodgers said a parenting order, perhaps instructing parents to discuss sexual responsibility with their children, might be seen as a positive response. Judgement is theirs The law here is governed by the House of Lords ruling in the Gillick case, in which Victoria Gillick challenged government advice to doctors that it was all right to prescribe contraceptives to the under 16s.