In Gillick v West Norfolk and Wisbech Area Health Authority [1985] UKHL 7, Lord Fraser said a doctor could give contraceptive advice or treatment to a girl under 16 without parental consent if satisfied that:
- she understands the advice
- she can't be persuaded to tell her parents, or to let the doctor tell them
- she is very likely to start or continue having sexual intercourse with or without contraceptive treatment
- without it, her physical or mental health, or both, are likely to suffer
- her best interests require the advice or treatment, or both, without parental consent.
The guidelines are now applied to young people of any gender, and to wider sexual health advice.
Fraser or Gillick? The two are often mixed up. Gillick competence is the general test of whether a child under 16 can consent for themselves. The Fraser guidelines are the narrower test for contraception and sexual health. KCSIE 2026 lists them together under "Confidentiality" in Annex A, but doesn't set out either.
For schools: the Fraser guidelines are mostly for health professionals, such as a school nurse or sexual health service. They don't change safeguarding duties. A young person meeting the guidelines may still be at risk, for example of child sexual exploitation or abuse by someone in a position of power. KCSIE 2026 paragraph 543 is clear that a child under 13 can never consent to any sexual activity, so any such concern goes to the DSL straight away.