The CYFA 2005
provides authority to share information without parental consent
with other professionals for purposes of risk assessment and/or
determining appropriate services (s36) or to consult Child
Protection (s38). The CYFA 2005 also specifies that any disclosures
must be recorded by both Child Protection and Family Services
(s39).
The CYFA 2005,
however, provides no over-riding exemption to the standard within
the Privacy Legislation 2000 that families should be informed
about the information that is collected about them and for what
purposes the information can be used.
As a general
principle, the practice within Child Protection is that families
may NOT be told that information is collected about them (eg some
reports or about information gained from reporters or as part of
investigations) when there is
-
Risk to the safety of a
child
-
Risk to worker safety
-
Otherwise, not in the child's best
interests
While operating at
the lower threshold of 'significant concerns' rather than
'significant harm' it is legitimate that the same standards be
applied in Family Services given the level of assessed risk to a
child when there is either the significant concern or
significant harm assessments.
However, there can
be problems with this. Workers may increasingly use these grounds
as 'comforts' to not confront the difficult and uncomfortable tasks
of challenging families about the extent of concern for their
children and why hard actions have been or should be taken. Real
binds are set up for workers if we are not talking directly with
families and being open about our assessments and
actions.
Workers need to ask
themselves questions such as:
-
How do you take action with the family
on information arising if you do not disclose you have spoken with
the school or GP?
-
How do you engage people who use
aggressive behaviours, in being involved in solutions for their
families, if you avoid their anger by gaining information behind
their backs?
-
What happens to relationships and
trust when information gained without consent is accidentally or
necessarily later disclosed to the family in the flow of practice,
in a Court report or via another professional?
-
How does information shared without
family knowledge effect agency positions that families may access
their files at any point?
Practice models
developed within the NCVFS Alliance will support/reinforce the
skill base for communicating and practicing in open and honest way.
This is important to help create space for families to make
positive changes. At the same time staff should remain mindful of
the importance of timing and of child or worker (or others) safety
and the child's best interests.
Seeking consent
to share information and acting without consent to share or collect
information
Child FIRST staff
have legislative authority to share information (give and receive)
without consent from specified parties for purposes of risk
assessment or determining an appropriate service in response to a
referral about significant concerns about a child; or to consult
with Child Protection (see s36; s38 and definitions of service
agencies and information holders in legislation).
In the context of
the worker's relationship with the family, the worker should seek
consent from the family to consult CBCPW or speak to another
professional. Please note that Family Service experience is
that this consent is seldom refused.
If refused, the
worker should inform the family that because of the level of
concern, they are obligated by the legislation they work under to
consult with the CBCPW/other professional.
Whenever possible
the worker should offer appropriate family members to be involved
in the discussion, or offer them feedback after the consultation
has occurred.
On other occasions,
if for example, the family cannot be contacted for consent; or
because of other safety/risk factors, the worker may speak to other
professionals without consent and inform family as soon as possible
afterwards.
The family may be
transferred to a partner agency (with capacity and agency agreement
within the LGA allocations process) if this is assessed as a better
option in terms of the relationship with the family; service
options available; or safety issues/child's best
interests.
All disclosures made
through information sharing and consultation authorisations must be
recorded by both Child Protection and Family Services
(s39).
**see CBCPW
consultation form - in "service tools"
