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My Needs,
Wishes and Feelings
Guidance for
practitioners
CAFCASS_HAND.5 29/3/07 14:10 Page 2
My Needs,Wishes
and Feelings
This practice model allows the family court to • Cafcass Young People’s Board
take into consideration the needs, wishes and • Cafcass and FJC Young People’s Forum
feelings of an individual child or young person.
One set of forms has been designed for older • Cafcass Children’s Rights Champions
children and one for younger children, but • Commission for Social Care Inspection
you can decide which to use depending on • National Children’s Bureau
the child’s developmental needs.
• Children Law UK
This model promotes the analytical approach • Shaftesbury Home.
to assessing information shared by the young
person and ensures the young person’s own For further information about My Needs,
analysis is not minimised in the process. It is Wishes and Feelings, please contact the
intended to be concise and relevant to the Children’s Rights team.
issues considered.
Legal framework
My Needs, Wishes and Feelings can be filed My Needs, Wishes and Feelings is a model
in court, sometimes in its own right, sometimes that, although practice-based, is underpinned
alongside a report. It can also be a valuable by legislation, case law and international
record for the young person of their conventions, including:
contribution when they reflect on this in • Children Act 1989
later life.
• United Nations Convention on the Rights
Recent HMICA inspection reports have raised of the Child 1989
questions about the way in which we facilitate • European Convention on the Exercise
and involve children and young people in our of Children’s Rights 1996
work and in the family court process.This • Human Rights Act 1998
model of practice would effectively enable a
• Case law, eg Mabon v Mabon (2005)
young person to participate in his or her own
EWCA Civ 634.
case planning process.
More detailed information on the legal
Several groups and organisations were
framework can be found on the intranet.
consulted during the development of
this practice model, including:
NB:Throughout this guidance the terms ‘child’, ‘children’, ‘young person’ and ‘young people’ are sometimes used
interchangeably to refer to children of all ages up to 17.
CAFCASS_HAND.5 29/3/07 14:10 Page 5
Confidentiality
Research has indicated that children and
young people have serious misunderstandings
about the role of a Family Court Adviser
(FCA) and the issue of confidentiality. In one
study, none of the children involved knew that
what they said to the FCA would be included
in a report to court and that their parents
would know about it.
Child’s wishes,
hopes and
expectations
Child’s short,
medium and long- Child’s desired
term needs and outcome from
support needed proceedings
Child’s context in
terms of their
relationships with
Feelings of people, their emotions Engagement
the child about and the setting and proactive
past, present involvement
and future
Areas for consideration when working with children and young people 11
iew
Interv
g
plannin
Interviews with young people about complex It is also important to plan how to address the
issues require good advance planning in order young person’s individual needs and concerns:
to explore the key issues and deliver the • Consider that the child or young person may
required outcomes and information. be apprehensive about meeting with you.
The planning process should include: • Significant issues relating to their health or
disability should be openly discussed to avoid
a review of the child or young person’s assumptions and lack of recognition of their
understanding needs. Reflecting back to the young person
the aims and purpose of the session – your acceptance of their values and
what you are seeking to achieve individuality is important.
the site of the meeting • Remember, the young person is usually
the resources needed to facilitate best placed to convey their religious, cultural
the communication process and social needs. Aim to support the young
person’s sense of identity through the
the length of interview. conversations you have with them.
• Older children’s concerns about
confidentiality may need to be addressed
early so that they understand the ‘rules’
of any discussion, ie will it be recorded?
Will it be shared? If so, how, when and
in what form?
CAFCASS_HAND.5 29/3/07 14:10 Page 12
Good preparation for interviews provides better outcomes for children and young
people. Working with SMART objectives can help to ensure that meetings are:
S pecific in focus.
This helps children
and young people to
M easurable in
terms of what
you wish to achieve
A rticulated in a
way the young
person can understand,
focus more clearly on through any single so they can engage in
their own needs. meeting or interview. the process.
R ealistic about
what is achievable. T ime-limited so
the process is clear
to the young person and
the practitioner.This
minimises the potential
negative impact,
particularly from lengthy,
unfocused interviews.
Initialngs
meeti
The best interests of the child or young person meeting, an evaluation needs to be made of
should always be the core principle of any their stage of development rather than simply
interview, which aims to understand their their chronological age.Their preferred way of
unique experience. When promoting the active engaging with you will also be a topic for
engagement of the young person at an initial discussion at the first meeting.
CAFCASS_HAND.5 29/3/07 14:10 Page 13
Areas for consideration when working with children and young people 13
The following considerations are positive Give the young person a good introduction
qualities highlighted through research in to your role and duties to them, their
practice by young people and professionals: family and the court – an introduction
that empowers their contribution to issues
Develop trust and a rapport through directly affecting their lives. A fact sheet
non-intrusive questions. At this initial about My Needs,Wishes and Feelings is
meeting you need to establish a working available in this pack.
relationship with the young person and
engage their interest.This will also be an Consider how you could make the child
opportunity to discuss ground rules for more comfortable. Do they need additional
the interviews to follow. emotional, physical or financial support?
Children and young people need good
support, and the right type of support,
to make good decisions.
ou
e do n’t kn ow what y is Understand their diversity needs, plus
“W it
n do fo r us and how social their interests and activities. For example,
ca he
fe ren t fr om what t oes” use open-ended questions to give them
dif solicitor d
worker or
the opportunity to share their identity,
race and other diversity issues.
“Being
to go t a Muslim I wan
o t
could h mosque but n ed
elp me f o one
ind out
how”
CAFCASS_HAND.5 29/3/07 14:10 Page 14
wh at you “Re
us r” c
“Tell ooking fo wha ap on
are l bee t has
n sa
id”
Areas for consideration when working with children and young people 15
uent
Subseqngs
meeti
“Don’t u
s
can’t un e words we
eak for listen t derstand…
“Let us sp we can” o what
if
ourselves we say
”
Areas for consideration when working with children and young people 17
Final s
stage
Closing the interview is a vital part of the Bear in mind the following considerations.
two-way communication process. It serves Inform them of parties’ views.
to turn the child’s attention to the next steps
of their life. At the end of each meeting, Explain how you plan to share the young
practitioners should convey appreciation person’s views.
and empathy, as appropriate. Explain how the report they have worked
on will inform the decision.
Giving the child contact details for further Discuss who will inform them of the
sources of help and support, where appropriate, outcome and how information will be
should be part of the final ending process. shared, ie in writing and verbally.
The child or young person should be asked if
Explore with the child or young person
they wish to raise any other issues whilst being
any additional support that may be needed
realistic about our limited capacity for follow-up.
to implement their case plan.
Discuss the options available to them
if they have concerns about the
ear implementation of their plans.
m etim es we only h ght
“So hou Discuss with the young person what they
ou t w ha t others t times
ab r and som
e thought about the service provided by Cafcass.
much late t at all” The child may find a brief, written summary
no
of the key points of your discussion helpful.
wh at we think
“Ask us he service
about t ve us”
you ga
References
Communicating with Vulnerable Children: A Guide
for Practitioners (2003), Dr D Jones
The Voice of the Child in Public Proceedings:
A Developmental Model (2003), Dr Gillian Schofield
CAFCASS_HAND.5 29/3/07 14:10 Page 18
The Therapist’s Toolbox (2001) Contact the Library and Information Service (accessible
Susan E Carrell via the icon on your desktop) for more information
about these resources.
Summary
The Therapist’s Toolbox is a time-saving and
cost-effective manual full of techniques
for enhancing therapeutic intervention
with service users.
CAFCASS_HAND.5 29/3/07 14:10 Page 20
The following principles were developed in 9 Children have a right to know who we will
collaboration with 200 young people. share the information with.
1 Children are people and have the same 10 Children should know what the practitioner
human rights as adults. will recommend.
2 Children are individuals with unique 11 Children should know the outcome of
characteristics and experiences, which any proceedings involving them.
should be valued. 12 All children have the same rights,
3 All staff have a responsibility to respect and regardless of their ability, their sex
promote children’s active participation with or their ethnic background.
the service at any stage of service delivery. 13 Children and young people have a right
4 Children should be consulted about the not to participate in difficult decisions
arrangements when they receive a service that affect their lives.
from Cafcass.They should be allowed to
communicate in ways that are best for them.
5 Children have a right to make contact
directly with their practitioner whilst
their case is open.
6 Every child should be encouraged to raise
any concerns that they have and they should
be offered assistance to make a complaint if
they want to.
7 Children should always be seen and given
opportunities to express their wishes
and feelings.
8 Children have a right to know what is
recorded about their wishes and feelings.
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