Glossary
What is Gillick competence?
Also called: Gillick competent, Gillick test, Fraser guidelines, Fraser competence, can a child consent to counselling
Definition
Gillick competence is the principle in UK law that a child under 16 can consent to their own medical treatment or counselling if they have enough understanding and maturity to fully grasp what is involved.
What it means
The term comes from the 1985 House of Lords case Gillick v West Norfolk and Wisbech Area Health Authority. It is used in England and Wales, and a similar position applies in Scotland under its own legislation. The Fraser guidelines came from the same case but apply specifically to contraception advice; people often mix the two up.
There is no set age at which a child becomes Gillick competent. It depends on the child and on the decision. A professional considers whether the child understands what is being offered, the likely benefits and risks, and what happens if they say no. Young people of 16 and 17 are generally presumed able to consent to their own treatment.
What it can look like for your child
A 14 year old might ask a school counsellor for sessions without telling their parents, for example because the problem involves home. If the counsellor judges them Gillick competent, they can agree to counselling themselves, and their confidentiality is respected in the same way as an adult’s, within safeguarding limits. A younger child, or one who is very distressed, is less likely to be judged competent for that decision.
How counselling can help
In practice, we almost always work with parents’ knowledge and involvement, and we encourage young people to include their family. Gillick competence matters most for teenagers who want more privacy, and it helps them trust that their own wishes will be taken seriously. We assess and record competence carefully, and talk it through in supervision when the picture isn’t clear.