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Pointers for Practice: Obtaining Consent from Children and Young People

Practitioners have a duty to report suspected abuse and neglect - with or without the child’s consent. This does not mean that they should not try and gain consent to report from the child unless to do so would place the child at risk of harm. Reports into death and serious injuries, because of abuse and neglect, highlight that the voice of the child is often marginalised. Practitioners ‘do things’ to children without any explanation or consultation. Obtaining consent to a report is such an example.

This lack of consultation is often justified by practitioners who argue the child does not have the mental capacity, because of age or disability, to give informed consent or express their wishes and feelings on the matter. However, discussing consent can be the first step to gaining the trust of the child and begins to establish an honest and effective working relationship. If the child objects to the report at the very least the practitioner should explain to them, whilst they respect their feelings, they must make the report to protect the child from possible harm.

Practitioners should also listen to the child’s concerns about the consequence for the child of a report and provide an honest response.

They should consider:

  • What is the child afraid will happen?
  • The most common fears are: That they will be removed from the family and taken into care; they will get into trouble at home; the abuser’s threats of what will happen to them and their family will become a reality.
  • Does the report place the child at immediate risk of harm?
  • What steps are required to protect the child?

It is important not to give unrealistic reassurances or make false promises but ensure the child is kept informed as to what will happen next.

Example: ‘I can understand that you are worried you will get into trouble at home and might be taken into care. I am not sure what will happen next but what I will do is make sure that the person I speak to at social services knows what you are worried about’.