Practice note: Can the family group conference record differing positions in the plan? 

If there is no agreement reached at all, the family group conference record simply states that “agreement was not reached” with no other accompanying details.

It is important to remember that the Act only provides for coordinators to record matters that were agreed and when there is agreement, only details of the decisions, recommendations and plans will be noted in the family group conference plan.

When a family group conference considers many aspects but cannot agree on everything, record those aspects of the family group conference that were agreed. For example:

• Agreement was reached that children A ,B and C are in need of care and protection
• Agreement was reached as to the placement and contact for child A and child B
• Agreement was not reached on the placement for child C.

Coordinators must not record who agreed or disagreed on any point in the plan or the views of any participant.

The Ministry’s position is that the ability of the family group conference to regulate its own procedure (s26 and s256) does not enable the family group conference to agree to record details about any non-agreement, including the opinions of participants or their differing views.

Being able to regulate its own process relates to the administration of the family group conference (e.g. the order as to how the family group conference is run, the inclusion/roles of people at the family group conference, who takes the lead, etc).

The ability of the family group conference to regulate its own procedure should not be stretched in a way that conflicts with the privilege and non-publication provisions of the Act. Being able to regulate procedure does not enable the family group conference to decide to breach another section of the Act (e.g. s37, s38 and s271).

If members of the family group conference want to individually communicate their own view to others who were not at the family group conference, this can be done provided that they do not communicate information learned at the family group conference.

If a person who was at the family group conference wishes to tell a Judge or anyone else about their own views, they can do that. They need to be clear that they are expressing their own view, not what they or others said at the family group conference (e.g. “I can’t talk about what was said at the family group conference, but my view today is ……”).

It is the responsibility of Oranga Tamariki staff to remind those who attend the family group conference that the confidentiality of the discussions and information shared at the family group conference is carefully safeguarded by legislation and it is unlawful to share these outside of the conference.