Know Your Rights as a Child or Young Person
Legal rights of under-18s including education, healthcare, family life, and protection from harm.
Overview
Children and young people in England & Wales have extensive legal rights, established through the Children Act 1989, the Education Act 1996, the Human Rights Act 1998, and the UN Convention on the Rights of the Child (ratified by the UK in 1991, though not directly incorporated into domestic law). The welfare of the child is the court's paramount consideration (s.1 Children Act 1989). Children have increasing autonomy as they mature — from Gillick competence in healthcare to the right to instruct their own solicitor in family proceedings.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves know your rights as a child or young person.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Understand Your Right to Be Heard
Under s.1(3)(a) Children Act 1989 and Article 12 UNCRC, children have the right to express their views and have them given due weight according to age and maturity. In family proceedings, children can have their wishes reported to the court through a Cafcass officer.
- You can write to the judge directly in family proceedings
- If you are mature enough (Gillick competent), you can instruct your own solicitor
- Schools must listen to pupils' views on matters affecting them
Know Your Education Rights
You have the right to: free full-time education (ages 5–16), education continuing to 18 (school, college, or training), Special Educational Needs support (SEND), freedom from bullying, and school discipline that is fair and reasonable.
- If you have SEND, you may be entitled to an Education, Health and Care Plan (EHCP)
- Permanent exclusion can be appealed to an Independent Review Panel
- Schools cannot discriminate on grounds of disability, race, sex, etc.
Know Your Healthcare Rights
You can consent to medical treatment once you have sufficient understanding (Gillick competence — usually from age 12+). At 16, you have the statutory right to consent. Your medical records are confidential unless there are safeguarding concerns.
- Gillick competence is assessed for each specific decision
- You can access confidential sexual health services without parental consent
- At 16, you are presumed competent to consent (Family Law Reform Act 1969, s.8)
Get Help If You Are at Risk
If you are being abused, neglected, or feel unsafe, report to: Childline (0800 1111), your local authority children's services, the police, or a trusted adult. Children's services have a duty to investigate safeguarding concerns (s.47 Children Act 1989).
- Childline is free, confidential, and available 24/7
- You cannot be in trouble for reporting abuse
- If you are in care, you have additional rights including an independent advocate and care leaver support
Costs
Important Warnings
Parents have rights and responsibilities — but children's welfare is always the court's paramount concern.
Children in care have additional rights including reviews, an independent visitor, and leaving care support.
Young people aged 16–17 have a complex legal position — some adult rights but not all (e.g., cannot vote, buy alcohol, or enter certain contracts).
Useful Links
Frequently asked questions
- How long does the know your rights as a child or young person process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "N/A"; "N/A"; "N/A"; "Immediately if at risk". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Childline — Free; Education — Free; NHS healthcare — Free; Legal representation (care proceedings) — Free (automatically funded). Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Parents have rights and responsibilities — but children's welfare is always the court's paramount concern.; Children in care have additional rights including reviews, an independent visitor, and leaving care support.; Young people aged 16–17 have a complex legal position — some adult rights but not all (e.g., cannot vote, buy alcohol, or enter certain contracts).. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Childline; NSPCC; Children's Commissioner for England. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.