Legal Essentials for Educational Psychologists Working with Children: Consent, Data, and the Rise of AI

Working with children is a privilege and a responsibility. As educational psychologists, your insights shape lives, but your practices must also protect them.

In a world where data flows freely and AI tools are becoming part of everyday assessments, it’s more important than ever to stay grounded in the legal frameworks that safeguard children’s rights.

This blog unpacks the key legal considerations around child consent, data privacy, and AI usage.

Child Consent: It’s Not Just a Signature

Consent isn’t a checkbox - it’s a conversation. When working with children, especially in therapeutic or assessment contexts, it’s vital to understand:

• Gillick Competence: In the UK, children under 16 can consent to treatment if they have sufficient understanding of what’s involved. This applies to psychological assessments too.

  
  

• Parental Responsibility: If a child isn’t deemed competent, consent must come from someone with legal parental responsibility. Be clear on who that is - it’s not always the person who brings the child to the appointment.

  
  

• Informed Consent: Whether from the child or parent, consent must be informed. That means explaining:

  
  

   What the assessment involves

  Why it’s being done

  What will happen with the results

  How their data will be used

  
  

Tip: Use child-friendly language and visual aids to help children understand what they’re agreeing to. Consent should feel empowering, not intimidating.  Consider using a comic strip style visual for neuro-divergent children.  Make it age appropriate – your explainer sheets should ideally be different for primary school and secondary school age children.

Data Privacy: Protecting the Story Behind the Stats

Educational psychologists handle deeply personal data – health data, diagnosis reports, learning profiles, behavioural observations, family dynamics. Under the UK GDPR and Data Protection Act 2018, this data is considered special category data, and it demands extra care.

Here’s what you need to keep in mind:

• Lawful Basis: Most often, you’ll rely on explicit consent – the ICO expects you to get consent to process special category data about children.

  
  

• Data Minimisation: Only collect what’s necessary. Avoid over-documenting sensitive details unless they’re essential to your professional opinion.

  
  

• Transparency: Provide clear privacy notices (including child-friendly versions) that explain:

  
  

  • What data you collect

  • Why you collect it

  • Who you share it with (e.g. schools, local authorities)

  • How long you keep it

    
    

• Security: Use encrypted systems, strong passwords, and secure storage. Paper notes? Lock them up. Digital files? Encrypt and back them up.

  
  

• Only keep for as long as is necessary - but remember to follow regulatory guidelines. Download my FREE data retention guidance here.

  
  

Bonus: Keep a data map of what you collect and where it goes. It’s a lifesaver during audits or subject access requests.

AI in Practice: Explain It Before You Use It

AI tools - from speech analysis apps to behavioural prediction platforms - are creeping into educational psychology. But using AI with children isn’t just a tech decision - it’s a legal and ethical one.

Here’s what you must do:

• Explain the Tool: Children and parents need to understand what the AI does. Is it analysing tone of voice? Predicting learning difficulties? Spell it out.

  
  

• Get Specific Consent: General consent won’t cut it. You need clear, informed consent for AI use, especially if it involves automated decision-making.

  
  

• Know the Risks:

  
  

  Is the AI biased?

Can the child challenge its findings?

Is the data stored securely?

• Be Transparent About Data Sharing: If the AI tool sends data to third parties or stores it in the cloud, disclose this upfront.  Although you should steer clear of this when using health data in an AI tool.

  
  

• For more detailed advice on AI usage download the FREE Aubergine Legal Checklist here.

  
  

Ethical Edge: Just because a tool is clever doesn’t mean it’s appropriate. Always ask: Does this serve the child’s best interests?

Summary:

Legal awareness isn’t about red tape - it’s about respect. When educational psychologists understand and apply these principles, they create safer, more trusting environments for children to thrive.

So next time you prep for an assessment, pause and ask:

• Have I explained this clearly?

• Have I got the right consent?

• Is the child’s data protected?

• If I’m using AI, have I been transparent?

Because when law meets empathy, children are not just assessed - they’re protected, respected, and empowered.

If you need help getting compliant and ensuring your business is protected, then come and explore the resources available at Aubergine Legal. We have a special EP Legal Toolkit - designed specifically for educational psychologists - offering practical checklists, guidance sheets, legal agreements, child-friendly consent templates and more - to help you navigate the legal landscape with ease.  There are also some free resources to help you when running your practice.  Visit www.auberginelegal.co.uk/psychology-legal-services to access the toolkit and free downloads.