Guidance
Seeking consent to talk to tamariki and rangatahi
Wherever practicable, we seek consent from a parent or guardian when we need to talk directly with tamariki or rangatahi aged under 18 years old.Updates made to this guidance
Changes have been made to a number of pages on the Practice Centre to align with the practice approach. Specific changes include:
- Tiaki Oranga replaces the safety and risk screen, and is now being used throughout the life of a case, across service lines whenever we need to understand current safety.
- All references to the Tuituia domains and subdomains have been removed and we now promote the use of Te Puna Oranga and our models, tools and resources to build and deepen our understanding.
- The Tuituia report has been replaced with the assessment report.
Importance of safety, oranga and relationships
For each interaction with tamariki and rangatahi, we need to consider how that interaction will:
- support their best interests
- support oranga, including safety
- uphold mana by recognising the right of te tamaiti or rangatahi to participate
- recognise and strengthen whakapapa and whanaungatanga relationships between te tamaiti or rangatahi and their siblings, whānau or family and community, which is critical for their sustained oranga, including connection and belonging.
Parents as guardians have ultimate responsibility for the care, safety and wellbeing of their tamariki and rangatahi, which includes who has access to talk to them. By seeking consent from a parent or guardian, we demonstrate in practice how we are working in partnership with them. It does, however, mean they might not agree.
There are 3 key purposes for our first meeting with a parent or guardian:
- To inform the parent or guardian about the concerns raised.
- To begin our mahi to build and deepen our understanding about the concerns raised.
- To seek agreement to talk directly to their tamariki or rangatahi as a critical part of building and deepening our understanding about their oranga, including safety.
How to seek consent
1 Use the child/young person and family consult tool
We can use the consult tool to help us understand the context for te tamaiti or rangatahi and their whānau or family and consider our approach, given initially the parent or guardian may not give consent. The process of understanding the information relating to the danger, harm or seriousness of offending and exploring possible implications helps determine the best way forward.
The purpose of engagement will frame what agreement we are seeking from the parent or guardian to engage with te tamaiti or rangatahi. Is it a one-off visit or are we seeking an agreement to work with their tamaiti or rangatahi in an ongoing way?
When we are seeking consent to talk with tamariki or rangatahi, consider:
- who in the parent or guardian’s networks we can engage with who might be able to support the parent or guardian during our first meeting – is there a church member, a community worker or a whānau or family member who can help?
- our history with the whānau or family – does someone in the organisation (such as a youth worker, the kairaranga ā-whānau or a previously allocated social worker) already have an existing relationship that can support engagement?
For tamariki Māori, include the kairaranga ā-whānau, a senior Māori practitioner or a bicultural practitioner in the consult for guidance.
For Pacific children or young people, seek appropriate cultural advice which can be guided by Va'aifetū.
2 Decide who to seek consent from
Establishing legal guardianship can take time and effort due to the different configurations of whānau and family. Whānau or family can include a single parent, de facto, same sex, step-families, whāngai or adopted tamariki and multiple generations. Sometimes the person caring for te tamaiti or rangatahi will not be the same as the person or people who have legal responsibility as guardians for te tamaiti or rangatahi.
For initial assessments, the identified primary caregiver can be approached to provide consent.
For fuller assessments, we need to establish who has legal guardianship. Step or de facto parents may have strong and enduring relationships with te tamaiti or rangatahi but they may not have legal guardianship. While we would continue to consult and work with them, we need to seek consent with legal guardians, especially biological parents who no longer live with their tamariki or rangatahi.
3 Seeking consent from the parent or guardian
Meeting face to face is preferable and helps us develop a relationship with parents or guardians and their whānau or family.
The consult tool can help us understand and then record which method is preferable and why, based on maintaining the oranga and specifically safety of te tamaiti or rangatahi in a timely manner.
When tamariki or rangatahi are involved in youth justice matters, we need to consider how we collaborate with their parent or guardian within youth justice’s short timeframes.
If we can’t meet face to face, other options include:
- by video link
- by phone
- through a third party – this person should be known by the whānau or family and understand they are representing the best interest of te tamaiti or rangatahi in the absence of the parent or guardian.
Prepare for the discussion
Before we talk with the parent or guardian, we should decide if we need:
- an interpreter – be prepared to brief and debrief the interpreter to check that the communication is successful
- cultural advice, or a community leader to accompany us
- an experienced or specialist worker to co-work with us or provide coaching before contacting the parent or guardian
- to use the Talanoa Mai or Te Kete Ararau apps as a resource.
During the discussion
We should:
- clearly explain the concerns and why we need to talk with their tamaiti or rangatahi and explain what we will do with the information – check their understanding, allow space for questions and avoid using jargon words like 'notification', 'abuse' and 'statutory'
- be prepared to remain calm if they are shocked, angry or distressed
- be honest and clear and use plain language
- let the whānau or family know what the process of working with them will be, who we will be talking with, why and how long we think it will take
- give the parent or guardian the space to consider the concerns that we’re sharing with them before explaining that we want to talk with their tamariki or rangatahi to help us understand what is going on
- explore with the parents or guardians how to determine the best way to ensure te tamaiti or rangatahi feels safe and able to talk freely – consider whether to talk with them alone or as a sibling group, or in the company of a trusted support person such as a safe parent or whānau or family member
- consider how to share any information or outcomes from our discussion with their tamariki or rangatahi in a way that maintains everyone’s safety, wellbeing and relationships – this includes providing an opportunity for guardians to respond to any concerns or disclosures of harm.
Ensure parents or guardians have our contact details or know who else they can contact if we are not available in case they have further questions.
We record our discussions with the parents – these notes can be shared to check that they accurately reflect the parents' views.
4 If consent is not granted
We have to balance the rights of tamariki and rangatahi to participate and have their views heard alongside their right to have their parent or guardian maintain primary responsibility for them.
If the parent or guardian does not agree to us talking with their tamaiti or rangatahi, take time to understand why. Ensure that the parent or guardian has as much information as possible to help them understand and give them space to reconsider. Check that all aspects of the original consult have occurred:
- All available options have been explored – for example, approaching a different guardian.
- We have considered culture, gender, ethnicity, practice skill level, and any language barriers.
- All networks of support have been identified and approached to help the parent or guardian allow the views of their tamariki or rangatahi to be heard directly.
If we have made all reasonable efforts to obtain the parent or guardian's consent but they refuse to give it, we can still speak to te tamaiti or rangatahi if this is in their best interests to do so.
A decision to speak with tamariki or rangatahi without parental or guardian consent should be made in consultation with our supervisor. Where there is uncertainty about whether this is appropriate, consult with Legal Services.
Where we have spoken to tamariki or rangatahi without consent from a parent or guardian, we need to inform the parent or guardian as soon as practicable, so te tamaiti or rangatahi is not put in the position of having to tell a parent that they spoke with us. This can also serve as an opportunity to keep the parent or guardian informed about any next steps.
5 Seek consent from te tamaiti or rangatahi
We can talk with te tamaiti or rangatahi as long as they consent.
They have a right to know:
- who we are
- why we want to talk to them
- what we will do with the information.
They also have a right not to want to talk or meet with us even if their parents or guardians agree.
6 Record the decisions
All decisions need to be recorded and the rationale outlining our approach explained.