Consultation and Participation

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

Young people, including those who communicate non-verbally or for whom English is an additional language, 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 views and why other action is taken that is in their best interests. Young people will have access to, and be actively encouraged to involve, an independent Advocate and, where appropriate, an Independent Visitor (see Advocacy, Independent Visitors and Independent Reviewing Officers Procedure). Young people know their rights to advocacy, how to access an Advocate and how to contact The Children's Commissioner for England.

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

Young people will receive support from staff who:

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

The manager must:

• Ensure that staff:
  • Ascertain and consider each young person’s views, wishes and feelings;
  • Help each young person to express views, wishes and feelings;
  • Regularly consult young people, and seek their feedback, about the quality of the Service;
  • Help each young person to understand how the young person's privacy will be respected and the circumstances when it may have to be limited;
  • Help each young person to prepare for any review of the relevant plans and to make the young person’s views, wishes and feelings known for the purposes of that review if this is what the young person has requested; and
  • Make each young person aware of and, if necessary, remind them of, the Young Person’s Guide/ Welcome Pack, how to make a complaint; and their entitlement to and how to access advocacy and services.
• Ensure that each Young Person:
  • Is enabled to provide feedback to, and raise issues with, a relevant person about the support and services that the young person receives;
  • as access to the Service’s Welcome Pack/Young Person’s guide, and the Service’s’ Complaints procedure, when the young person’s placement/accommodation property in the Service is agreed and throughout their stay in the Service; and
  • Is given appropriate advocacy support.
• Keep the Young Person’s Guide/ Welcome Pack and the Service’s Complaints procedure under review and seek young people’s comments before revising either document;
• Ensure that an explanation is given to each young person as soon as reasonably practicable after the Young Person’s arrival about:
  • Young Person’s Guide/Welcome pack, how to make a Complaint or representations in relation to the Service or the care and support the young person receives and how any such complaint or representations will be dealt with; and
  • What advocacy support or services are available to the young person, how the young person may access that support or those services and any entitlement the young person 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 and support of the young person.

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 young person's views when they are Looked After. 

The registered person and staff should work in partnership with relevant people, as appropriate, to ensure that each young person is provided with support to communicate their views, wishes and feelings and participate as fully as possible in all aspects of the Service and their support package. This may include the use of and support to use communication aids, equipment and/or any necessary language support.

In relation to young person who is Looked After, including those placed in care under section 20 of the Children Act 1989, the accommodating authority will have recorded the level or type of family involvement that is appropriate in their Care Plan.

In some instances, a young person may express wishes that are not always in their best interests or which may conflict with the views of other young person in the Service. In such circumstances, the manager will have to balance the wishes of the young person against what they judge to be in the best interests of the young person 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 young person or young people concerned.

Please also refer to the Mental Capacity Act. 

Staff should have the skills and confidence to communicate easily and understand the importance of listening to, involving and responding to the young people they support. Staff should understand that they have a responsibility to observe, notice and respond to young people who are expressing their views, acknowledging that it is not the sole responsibility of the young person to 'tell'. They should also understand how young people might communicate their feelings through their behaviour, or non-verbally due to the difficulties they have experienced in life.

Young people should be consulted regularly on their views on the setting’s support in order to inform and influence continued improvement in the quality of support they receive. Due consideration should be given to the diverse needs and abilities of young people in the development and implementation of any consultation processes. Young people should be able to see the results of their views being listened to and acted upon.

Staff should ensure that each young person understands the setting’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.

Staff should encourage young people to share any concerns about their support or other matters as soon as they arise. Young people must be able and supported to take up issues or make a complaint and without any fear that this will result in any adverse consequences. Young people must be aware of the Complaints and Representations Procedure and be reminded of it as necessary.

The registered person and staff should be familiar with the care/pathway planning processes for Looked-After young people and care leavers and should support young people to prepare for meetings in relation to this, if needed. While the young people in supported accommodation are older children with a high level of independence and responsibility and would be expected to take an active role in preparing for review meetings, staff should also play a role in these meetings and support the young person. Staff should support the young person to express their views, wishes, feelings and expectations for their future. An independent Advocate can also be called upon by the young person or staff to support the young person in their reviews.

The registered person should provide opportunities and support, where needed, for young people to engage with their accommodating authority, or other such local arrangements, which enable the views and experiences of young people to be heard.

Useful Websites 

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