Consultation and Participation

The principle of listening to the child and taking their views, wishes and feelings into account when planning and undertaking their care applies to all children.

Children and young people, including those who communicate non-verbally, should be supported to actively participate in day-to-day and more complex decisions about their lives, as appropriate. Their views will be ascertained and taken into account. They should be sensitively helped to understand when it may not be possible to act on their wishes and why other action is taken that is in their best interests. Children will have access to, and are actively encouraged to involve, an independent Advocate and, where appropriate, an Independent Visitor (see Advocacy, Independent Visitors and Independent Reviewing Officers Procedure). Children know their rights to advocacy, how to access an Advocate and how to contact The Children's Commissioner for England.

Children can take up issues in the most appropriate way with support, without fear that this will result in any adverse consequences. Children will receive prompt feedback on any concerns or complaints raised and be kept informed of progress.

Children will receive care from trusted adults who:

• Develop positive relationships with them;
• Engage with them; and
• Take their views, wishes and feelings into account in relation to matters affecting the children's care and welfare and their lives.

The registered person must:

• Ensure that adults:
  • Ascertain and consider each child's views, wishes and feelings, and balance these against what they judge to be in the child's best interests when making decisions about the child's care and welfare;
  • Help each child to express their views, wishes and feelings;
  • Help each child to understand how their views, wishes and feelings have been taken into account and give the child reasons for decisions in relation to them;
  • Regularly consult children, and seek their feedback, about the quality of the Home's care;
  • Help each child to understand how their privacy will be respected and the circumstances when it may have to be limited;
  • Help each child to prepare for any review of their relevant plans and to make their views, wishes and feelings known for the purposes of that review; and
  • Make each child aware of and, if necessary, remind them of, the Children’s Guide; how to make a complaint; and their entitlement to and how to access advocacy and services;
• Ensure that each child:
  • Is supported to provide feedback to, and raise issues with, a relevant person about the support and services that the child receives;
  • Has access to the Home's Children's Guide, and the Home’s Complaints procedure, when they first move into the home and throughout their stay;
  • Is given appropriate advocacy support.
• Keep the Children's Guide and the Home’s Complaints procedure under review and seek children's comments before revising either document;
• Ensure that an explanation is given to each child as soon as reasonably practicable after the child's arrival about:
  • The Children's Guide;
  • How to make a Complaint or representations in relation to the Home or the care the child receives and how any such complaint or representations will be dealt with; and
  • What advocacy support or services are available to the child, how the child may access that support or those services and any entitlement the child may have to independent advocacy provision; and
• Ensure that the views of each relevant person are taken into account, so far as reasonably practicable, before making a decision about the care or welfare of a child.

Section 22 of the Children Act 1989 and paragraphs 1.10 – 1.14 Children Act 1989: Care Planning, Placement and Case Review set out in detail the local authority's responsibilities with regard to seeking and taking into account a child's wishes and feelings when they are looked after.

The right to participation for Children and young people is enshrined in the United Nations Convention on the Rights of the Child (UNCRC). The UNCRC requires that children under the age of 18 years have the right to participate in accordance with article 12. Children and young people’s participation can have a significant impact on processes and their outcomes. Children and young people should be seen as survivors and active participants in creating solutions, not just as victims and problems.

The Home should work in partnership with relevant people (including the child’s parents) as appropriate to ensure that each child is provided with support (appropriate to their age and understanding) to communicate their views, wishes and feelings and participate as fully as possible in all aspects of their care planning and daily care. This may include the use of and support to use communication aids, equipment and/or any necessary language support.

In relation to children who are looked after, including those placed in care under section 20 of the Children Act 1989, the placing authority will have recorded the level or type of family involvement that is appropriate in their Care Plan. The Home must take this into account when ensuring that the views of all relevant people are taken into account before making any decisions about the care or welfare of the child.

For children provided with short break care who are not looked after, the Home should frequently seek the views and involvement of parents/carers and others with a significant relationship to the child as relevant persons in that child's care.

In some instances, a child may express wishes that are not always in their best interests or which may conflict with the views of other children in the Home. In such circumstances, the responsible adults will have to balance the wishes of the child against what they judge to be in the best interests of the child and reach a reasonable view about the best way forward in the interests of all. The reasons for reaching any decision will need to be carefully explained to and understood by the child or children concerned.

Adults should have the skills and confidence to communicate easily and understand the importance of listening to, involving and responding to the children they care for. Adults should understand that they have a responsibility to observe, notice and respond to children who are expressing their views, acknowledging that it is not the sole responsibility of the child to 'tell'. They should also understand how children might communicate their feelings through their behaviour, or children who communicate non-verbally.

Children must be consulted regularly on their views about the Home's care, to inform and support continuous improvement in the quality of care provided. Due consideration should be given to the child's cognitive ability (in a non-judgemental approach which is kept under review), when considering the development and implementation of any consultation processes. Children should be able to see the results of their views being listened to and acted upon.

Adults should ensure that each child understands the Home's procedures and policies for respecting their confidentiality and also when it will not be possible to preserve this – e.g. where protecting a confidence puts themselves or others at risk.

Adults should encourage children to share any concerns about their care or other matters as soon as they arise. Children must be able to take up issues or make a complaint with support and without any fear that this will result in any adverse consequences. Children must be aware of the Representations, Compliments and Complaints Procedure and be reminded of it as necessary.

The registered person and the adults in the home should be familiar with the care planning process for looked-after children and must assist children to prepare for meetings in relation to this. Adults should play an important role in these meetings, including supporting the child and enabling a clear understanding to be reached about the child’s views, wishes, feelings, and expectations for their future. An independent Advocate can also be called upon by the child or adult to support the child in their reviews.

The registered person should provide opportunities and support, where needed, for children to engage with their local Children in Care Council, or other such local arrangements, which enable the views and experiences of children in care to be heard.

Children who cannot, or choose not to, verbalise, have the right to have their views, wishes and feelings heard and respected in the same way as other children. There may be children whose abilities and understanding are such that the requirements for ascertaining their wishes and feedback will need interpretation according to their individual circumstances in consultation with their social worker.

The registered person must not automatically use the views of parents as a proxy for children's views. Children will have their own perspectives and arrangements should be in place to engage with them directly. In some cases, the view of a relevant person, such as a social worker or IRO, might be included in discussions where the person is interpreting or advocating on behalf of a child.

Useful Websites

Council for Disabled Children - Provides useful resources for disabled children and young people.

IRISS: Frameworks for Child Participation in Social Care - An article which provides some interesting evidence based on research completed into children's participation.

Equality and Human Rights Commission, Children’s Rights in the UK - Updated submission to the UN Committee on the Rights of the Child in advance of the public examination of the UK’s implementation of the Convention on the Rights of the Child April 2016