Consent form for counselling children and young people (UK)

Who has to consent when a child or teenager comes to counselling: the young person, a parent, or both? The answer turns on Gillick competence, not a fixed age. Here is what the law and guidance actually say, and two forms you can adapt.

By the NoteSono team · Last reviewed 30 October 2026 · 9 sources checked

The short answer

In England and Wales there is no fixed age at which a child can consent to counselling. A young person under 16 can consent for themselves if they are Gillick competent: mature enough to understand what counselling involves and make the decision. If they are not, you need consent from one person with parental responsibility. Young people aged 16 and 17 are presumed able to consent to their own treatment, as adults are.

Whoever consents, confidentiality has limits: child protection concerns must always be shared with the relevant agencies. A free parent or carer consent form and a young person's agreement are below.

Gillick competence and the Fraser guidelines

Both come from the same 1985 House of Lords case, Gillick v West Norfolk Area Health Authority, but they do different jobs. The NSPCC explains the difference.

Gillick competence: the test for counselling

Gillick competence is about whether a child under 16 has enough maturity and understanding to make a particular decision for themselves. The NSPCC says it applies mainly to medical advice but is also used in other settings, and gives the example of a young person who would like therapeutic support but does not want their parents to know.

There is no set list of questions. The NSPCC suggests considering the young person's:

age, maturity and mental capacity
understanding of what counselling involves, its benefits and risks, and the alternatives
ability to explain their reasoning and the decision they have made

Three points often get missed. Competence is decision-specific: a young person can be competent to consent to counselling and not to something else. Consent is not valid if they are being pressured or influenced by someone else. And, according to the NSPCC, if a young person is Gillick competent and their parents disagree, the treatment can still go ahead.

Fraser guidelines: specific to sexual health

The Fraser guidelines set five conditions for giving contraceptive and sexual health advice or treatment to under-16s without parental consent. The NSPCC describes them as narrower than Gillick competence and specific to contraception and sexual health. The Department for Education's 2015 blueprint for counselling in schools refers to both, so you will see Fraser mentioned in school counselling policies, but the question for counselling itself is whether the young person is Gillick competent.

Encourage, do not require, parental involvement

The NSPCC suggests exploring why a young person does not want their parents involved, and offering ways to help them tell them, such as speaking to the parents with or for them. BACP's Ethical Framework asks practitioners to consider whether it is appropriate to seek the consent of others with parental responsibility, alongside the young person's best interests.

Under 13, 13 to 15, and 16 to 17

The law in England and Wales does not set an age at which a child can consent to counselling. What changes with age is how likely it is that a young person is competent, and what guidance expects of you. This table sets out what the sources say, and what they do not.

Age	Who can consent	What the guidance says
Under 13	In practice, usually a person with parental responsibility. Only one is needed.	NCPS guidance says it is unlikely that children aged 13 and under (12 and under in Scotland) would have the capacity to consent, and that for 11 to 13 year olds counsellors often decide case by case with school staff. The NSPCC says sexual activity with a child under 13 should always result in a child protection referral.
13 to 15	The young person, if Gillick competent. Otherwise a person with parental responsibility.	Assess and record competence for this decision. Encourage parental involvement without making it a condition, unless the young person is not competent.
16 and 17	The young person, presumed able to consent.	The NHS says young people aged 16 or 17 are presumed to have capacity to decide on their own treatment, like adults, unless there is evidence otherwise. NCPS says 16 to 18 year olds are usually regarded as competent to consent to their own treatment, including counselling. Safeguarding limits to confidentiality still apply.

Who has parental responsibility

GOV.UK sets out who has parental responsibility in England and Wales. A mother who gave birth to the child has it automatically. A father or second parent usually has it if they were married to, or in a civil partnership with, the mother when the child was born, or if they jointly registered the birth with her. Step-parents do not automatically have it, even if they are married to the child's parent.

Ask, and write down the answer. A parent who is separated from the other parent may sign consent; the NHS and NCPS both say consent is needed from only one person with parental responsibility. If the parents disagree, think carefully and talk to your supervisor before going ahead.

Scotland is different

Scotland has its own law: the Age of Legal Capacity (Scotland) Act 1991. Section 2(4) covers a child under 16 consenting to medical procedures or treatment, and the NSPCC points to it for consent in Scotland. For data protection rights, the ICO says a person aged 12 or over in Scotland is presumed mature enough to exercise them, a presumption that does not apply in England, Wales or Northern Ireland. This guide is written for England and Wales. If you work in Scotland or Northern Ireland, check the position there with your professional body or insurer.

Confidentiality, safeguarding and schools

For a young person who can consent, NCPS guidance says the duty of confidentiality is broadly the same as for an adult. But it is never absolute, and young people need to know that before they start.

Child protection comes first. The NSPCC says you must always share child protection concerns with the relevant agencies, even if this goes against the child's wishes.
Explain the limits at the start. The DfE blueprint says the counsellor should explain confidentiality and its limits at the start of the counselling relationship. NCPS suggests testing understanding with examples and revisiting it during the work.
You do not always have to tell the family. NCPS notes that consent need not be sought, nor the family told about a child protection referral, if doing so might increase the risk.
Agree sharing in writing. NCPS suggests agreeing in writing exactly what can be shared and with whom, ideally named people rather than a general permission, and recording any decision about sharing.

Counselling in schools

The DfE blueprint expects counsellors in schools to report to the designated safeguarding lead where they think anyone is at risk of significant harm, to know the statutory guidance Keeping Children Safe in Education, and to discuss difficult decisions about disclosure with their supervisor and line manager. It also says schools should help parents understand the principles of confidentiality and consent.

NCPS points out that what is said in sessions can be confidential, but attendance cannot be, because staff have to record it and authorise missed lessons. Say so in both forms, so no one is surprised.

Records and requests from parents

The ICO says a child can exercise their own data protection rights if they are competent to do so. A parent should only exercise them on the child's behalf if the child authorises it, if the child does not have enough understanding, or if it is evidently in the child's best interests. Set this out in your privacy notice and the consent form.

Free consent form and young person's agreement

Use the parent or carer form when a person with parental responsibility is consenting, or when you want parents informed even though the young person can consent. Use the young person's agreement with every young person, whatever their age, written in words they can follow. Both work alongside your main therapy contract.

Parent or carer consent form

Consent to counselling: parent or carer form

Counsellor: [name], [professional body and membership number]

Young person: [full name] Date of birth: [DD/MM/YYYY]

School or college (if relevant): [name]

1. People with parental responsibility

Your name: [name] Relationship to the young person: [mother / father / other]

Do you have parental responsibility for them? [Yes / No / Not sure]

Is anyone else known to have parental responsibility? [names and relationship]

Are there any court orders about who the young person lives with, spends time with, or who can make decisions for them? [Yes / No] If yes, please give details: [details]

Is the young person looked after by a local authority, or the subject of a child protection plan? [Yes / No]

2. What counselling is

Counselling gives [young person's name] regular time with a trained counsellor to talk about things that are worrying or upsetting them, in a way that suits their age. Sessions are [length] minutes, [weekly], [at location / online], for about [number] sessions, with a review at [session number].

Counselling is voluntary. [Young person's name] can choose to stop at any time.

3. Confidentiality: what you will and will not be told

Counselling works best when a young person can speak freely. So I will not usually tell you what [young person's name] talks about in sessions.

I may tell you, or you may ask, [whether they are attending / general progress at reviews], and I will tell [young person's name] what I have shared.

I will encourage [young person's name] to talk to you about things that matter, and I can help them do that if they want.

4. Safety and safeguarding

If I believe [young person's name] or another child is at risk of significant harm, I will share information with [the designated safeguarding lead / children's social care / the police], as safeguarding procedures require. I will usually talk to [young person's name] first.

I will usually tell you too, unless doing so could put [young person's name] or someone else at greater risk.

5. Records

I keep brief, secure notes of each session in [system], for [the retention period in my privacy notice].

[Young person's name] can ask to see their own records if they understand what that means. A parent can ask on their behalf in some circumstances, and I will consider their wishes and best interests when deciding. My privacy notice is at [link].

6. Working with school

[If counselling takes place at school] The school will know that [young person's name] is attending, because attendance is recorded. What is said in sessions is not shared with school staff, except as described in section 4 or with [young person's name]'s agreement.

7. Fees (private practice only)

The fee is [£amount] per session, payable by [name] [before each session / monthly]. Sessions cancelled with less than [24] hours' notice are charged, unless [exceptions].

8. Contact

To arrange or change appointments, contact me on [contact details]. Please do not use these to pass on messages about the content of sessions without telling [young person's name].

9. Consent

I have parental responsibility for [young person's name] and I consent to them having counselling with [counsellor name] on the terms above.

I understand that what [young person's name] says in counselling will usually stay private, and the limits to that.

Signed: [parent or carer] Date: [DD/MM/YYYY]

Signed: [counsellor] Date: [DD/MM/YYYY]

Young person's counselling agreement

My counselling agreement

My name: [name] My counsellor: [name]

What counselling is

Counselling is time to talk with someone who is trained to listen, about anything that is on your mind. I will not tell you what to do. We will work out together what might help.

When and where

We will meet on [day] at [time], for [length] minutes, [in room / online].

We will check how it is going after [number] sessions.

You can stop at any time. If you want to stop, it helps to tell me so we can say goodbye properly.

What stays private

What you tell me stays between us. I will not tell your parents, carers, teachers or friends what you say.

I write short notes after each session and keep them safely. You can ask to see them.

When I would need to tell someone

If I think you, or another young person, are in danger of being seriously hurt, I would have to tell someone whose job is to keep young people safe.

If that happens, I will try to talk to you first and tell you who I am telling and why.

Sometimes the law means I have to share information, for example if a court asks.

Things we agree

- I will start and finish on time, and tell you if I cannot make a session.

- You can tell me if something about counselling is not working for you.

- You do not have to talk about anything you do not want to.

Questions you might have

Who knows I come to counselling? [For example: your parent or carer who signed the form, and the school office, because they record where you are.]

What if I want my parent or carer to know something? I can help you tell them, or tell them with you.

My signature: [name] Date: [DD/MM/YYYY]

Counsellor: [name] Date: [DD/MM/YYYY]

Record your Gillick assessment separately in your notes: what you asked, what the young person understood, and why you concluded they could or could not consent.

Common questions

At what age can a child consent to counselling in the UK?

In England and Wales there is no fixed age. A child under 16 can consent if they are Gillick competent for that decision. Young people aged 16 and 17 are presumed to be able to consent to their own treatment. Scotland has its own law, the Age of Legal Capacity (Scotland) Act 1991.

Do I need parental consent to counsel a 14 year old?

Not if they are Gillick competent: mature enough to understand what counselling involves and to make the decision free from pressure. Encourage them to involve their parents, and record your assessment. If they are not competent, you need consent from one person with parental responsibility.

Do the Fraser guidelines apply to counselling?

The NSPCC describes the Fraser guidelines as specific to contraception and sexual health advice for under-16s. For counselling, the question is whether the young person is Gillick competent. Some school policies refer to both.

Do both parents need to consent to a child's counselling?

No. Consent is needed from only one person with parental responsibility. If you know the parents disagree, discuss it with your supervisor before going ahead.

Can parents see their child's counselling notes?

A child who is competent can exercise their own data protection rights. The ICO says a parent should only exercise them on the child's behalf if the child authorises it, if the child lacks the understanding to do so, or if it is evidently in the child's best interests.

Sources

Checked on 30 October 2026. Rules and prices change, so check the source before you rely on a figure.

This guide is general information, not legal advice. It covers England and Wales and reflects the law and guidance as we read them on the date above. For a specific case, speak to your supervisor, professional body or insurer's legal helpline.

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