Gillick competence and consent in school counselling
Can a 13-year-old agree to counselling without telling their parents? What if a parent objects? These questions come up often in schools, and the answer usually turns on Gillick competence — the legal test for whether a child under 16 can make their own decisions about their care.
This guide explains the principle for school counsellors in the UK. It is general information, not legal advice; your school's counselling policy should set out how consent is handled.
Where "Gillick competence" comes from
The term comes from the 1985 House of Lords case Gillick v West Norfolk and Wisbech Area Health Authority. The court held that a child under 16 can consent to their own medical treatment if they have "sufficient understanding and intelligence to enable him or her to understand fully what is proposed". Parental rights to decide on the child's behalf yield as the child develops that understanding.
Although the case concerned medical treatment, the principle is widely applied to other services a young person may seek, including counselling.
Gillick competence versus the Fraser guidelines
The two terms are often confused:
- Gillick competence is the general test of whether a child has the maturity and understanding to make a particular decision.
- The Fraser guidelines come from Lord Fraser's judgment in the same case and apply specifically to giving contraceptive advice or treatment to under-16s without parental knowledge.
For counselling, the relevant test is Gillick competence.
Young people aged 16 and 17
Young people aged 16 and over are generally presumed to have the capacity to consent to their own treatment. In schools, sixth-form pupils seeking counselling can usually consent for themselves, although safeguarding duties still apply until they turn 18.
Assessing competence in practice
Competence is decision-specific and can change over time. A pupil may be competent to agree to a course of counselling but not to a different decision. When assessing, consider whether the pupil can:
- understand what counselling is, what it involves and how many sessions are offered,
- understand the limits of confidentiality (see our guide on confidentiality and safeguarding),
- understand the alternatives, including not having counselling,
- weigh up the information and communicate a decision,
- make the decision without undue pressure from others.
Age is a factor but not the test. A mature 12-year-old may be competent; a 15-year-old in acute distress may not be at that moment.
Involving parents
Even when a pupil is competent, it is good practice to encourage them to involve their parents or another trusted adult, unless doing so would put them at risk. Many school services explain to parents, in general terms, that the school offers confidential counselling and that pupils can self-refer. If a competent pupil does not want their parents told, their confidentiality should generally be respected, subject to safeguarding duties.
If a pupil is not judged competent, consent should normally be sought from someone with parental responsibility.
Record your assessment
Write down, at the start of counselling:
- how you assessed the pupil's understanding,
- what you explained (including confidentiality limits),
- your conclusion about competence for this decision,
- whether parents were informed or consent obtained, and if not, why not.
Review the assessment if circumstances change. A clear record shows the decision was considered, reasoned and made in the pupil's interests.
Consent to counselling is not the same as data protection consent
Agreeing to counselling is a different matter from the lawful basis the school uses to process counselling records under UK GDPR. Schools usually process these records under "public task" (or "legitimate interests" for independent schools), with an additional condition for special category data such as health. Relying on "consent" as the lawful basis for records can create problems — for example if consent is withdrawn — so check the basis your school uses with your DPO. See our guide on UK GDPR and counselling records.
Official sources
- NSPCC Learning, Gillick competence and Fraser guidelines
- Gillick v West Norfolk and Wisbech Area Health Authority [1985] UKHL 7
- BACP, Ethical Framework for the Counselling Professions
- Department for Education, Counselling in schools: a blueprint for the future
This guide is general information for school counsellors and pastoral staff in the UK. It is not legal advice. Always follow your school's safeguarding, data protection and records policies, and take advice from your DSL, DPO or supervisor on individual cases.