Competence-based consent for minors

is the principle that a child or young person can consent to their own care and support when they have sufficient understanding of the decision and its consequences.

The exact legal test varies by jurisdiction. In some countries it is named after a landmark case; in others it is set out in statute. The principle is the same in all: a young person's capacity to consent is decision-specific, not age-specific.

The test, in plain terms

A young person can give competent consent for a decision if they:

understand the information given to them
understand what is being proposed and what the consequences would be
can weigh up the information to come to a decision
can communicate that decision.

What this means for SPLW practice

When working with a young person:

Default to involving parents/carers. The young person's wellbeing, family dynamic and safety usually argue for it.
But if a young person is competent to make a particular decision (for example: "Can the share with my doctor that I have been smoking cannabis?"), they can give or refuse consent themselves. Their refusal must be respected unless there is a safeguarding concern.
Document your reasoning. Note what you assessed, what you decided, why.
Where there is risk to the young person or others, safeguarding overrides confidentiality — competence-based consent does not protect a young person from a safeguarding referral.

Working sensitively with under-18s

The programme recommends specialist training for working with children and young people, and it expects supervisors of those to have appropriate skills and experience. If you are a generalist with an occasional under-18 case, talk to your supervisor early — don't try to navigate it alone.

Module 5: Safeguarding
Specialist training for working with children and young people in your country.

Linked competencies

Information governance — including consent (Domain 4)
Obligation to safeguard individuals from harm (Domain 4).

Competence-based consent for minors