Policy on Children’s Confidentiality Rights -

1. Purpose
 

At Discovery Family Therapy Practice, we are committed to upholding the confidentiality and privacy rights of all clients, particularly children and young people. This policy outlines our approach to managing confidentiality in accordance with professional ethical standards, legal requirements, and principles such as Gillick Competence. It also defines the role and boundaries of parental support sessions.
 

2. Scope

This policy applies to all clients under the age of 18, their legal guardians, and counsellors engaging in therapeutic practices at our service.
 

3. Policy Statement

We adhere to the ethical guidelines of the Psychotherapy and Counselling Federation of Australia (PACFA) and the Australian Counselling Association (ACA), ensuring the privacy of children is balanced with the obligation to safeguard their well-being.
 

4. Confidentiality Standards

Maintaining confidentiality is a core value of ethical and effective therapy. Our practices are informed by the following professional guidelines:
 

1. PACFA Code of Ethics
   Confidentiality is essential for building trust. Practitioners must protect clients’ privacy, uphold confidentiality under privacy laws, and ensure disclosures occur only with consent, during significant risk scenarios, or as mandated by law.
    

2. ACA Code of Ethics
   Confidentiality underpins safe counselling relationships, with exceptions permitted to prevent serious harm to clients or others, in alignment with ethical and legal requirements.
    

5. Children’s Confidentiality Rights

Children are entitled to a secure, confidential therapeutic space to foster openness and trust. Counsellors at Discovery Family Therapy Practice respect these rights and operate under the ethical frameworks of PACFA and ACA. Disclosure of confidential information only occurs with consent or when legally required, safeguarding the child’s best interests above all.
 

6. Legal Obligations in Western Australia

Our practices comply with two key legal frameworks in Western Australia. These laws provide a comprehensive framework for safeguarding children while upholding their rights to privacy:
 

1. Children and Community Services Act 2004 (WA)
   Counsellors must report any reasonable beliefs of child abuse or risk of significant harm. The Act also supports maintaining children’s privacy while permitting necessary disclosures to protect their safety.

2. Health Practitioner Regulation National Law (WA) Act 2010
   Practitioners are bound to maintain confidentiality unless disclosure is required to prevent imminent risks to safety. Counsellors must act within their ethical and professional boundaries, ensuring secure handling of client information.
    

7. Gillick Competence

At Discovery Family Therapy Practice, we apply the principle of Gillick Competence to assess whether a child under the age of 18 has the ability to make independent decisions about their counselling. This principle, established in the landmark case Gillick v West Norfolk and Wisbech Area Health Authority (1986), recognises the evolving capacity of children to understand and consent to their own medical or therapeutic treatment.
 

A child is considered competent if they can demonstrate:

• Sufficient maturity to make decisions independently of undue influence.

• Adequate understanding of the potential risks and implications of their decisions.

• Task-specific comprehension depends on the complexity of the decision.

Children deemed Gillick Competent may consent to engage in counselling without the involvement or consent of their parents or guardians, and their consent carries the same legal and ethical weight as that of an adult.

 

If a child lacks the maturity or understanding necessary to be deemed Gillick Competent, parental involvement is generally required unless there are overriding safety concerns, such as risks of significant harm to the child or others.
 

8. Parental Support Sessions

We recognise the vital role that parents play in supporting their child’s emotional and mental well-being. To foster collaboration and provide essential guidance, we offer specialised parental support sessions. These sessions are designed to empower parents with the knowledge and strategies needed to nurture their child at home while adhering to the fundamental principles of confidentiality that protect the child’s therapeutic space.
 

Our parental support sessions are designed to:

• Equip parents with strategies to nurture their child’s well-being at home.

• Assess progress in implementing these strategies.

• Provide tailored resources to address the child’s needs.

Confidentiality is maintained during these sessions, with a focus on empowering parents without disclosing the child’s private therapeutic discussions.
 

9. Limitations to Confidentiality

While confidentiality of children remains a foundational principle in all aspects of therapeutic care, there are specific circumstances where this confidentiality must be breached to prioritise safety and comply with legal and ethical obligations. 

Such instances include:
 

• Risk of Significant Harm
  If there is a reasonable belief that the child or others may face significant harm due to abuse, neglect, or self-harm, disclosure of information may be necessary to safeguard their welfare.

• Legal Mandates
  Confidentiality may be overridden when disclosure is required by a valid court order. This ensures compliance with judicial directives while maintaining ethical practice.

• Parental or Guardian Consent
  Information may be shared when clear and informed consent is provided by all legal guardians of the child, facilitating collaboration and shared understanding of the child’s needs.

Our counsellors address these exceptions with care, ensuring disclosures are limited to what is necessary to protect safety.
 

10. Roles and Responsibilities

Therapists

Therapists at Discovery Family Therapy Practice are responsible for:

• Upholding this policy and adhering to ethical and legal standards.

• Ensuring children and parents understand confidentiality rights, limitations, and processes.

• Conducting Gillick Competence assessments where applicable and making informed decisions.
   

Parents and Guardians

Parents and guardians are encouraged to:

• Participate actively in parental support sessions, where relevant.

• Respect the confidentiality boundaries established between therapists and their children.
   

11. Further Information

Further information can be obtained at the following links:

• PACFA Code of Ethics (2017)

• ACA Code of Ethics (2019)

• Children and Community Services Act 2004 (WA)

• Health Practitioner Regulation National Law (WA) Act 2010
   

12. Closing Statement

This policy embodies our unwavering commitment to safeguarding the confidentiality, privacy, and safety of children while promoting collaboration with parents. By adhering to the highest ethical and legal standards, we ensure a supportive therapeutic environment where trust thrives, and children are empowered to achieve their emotional and mental well-being. We continually review this policy to ensure compliance with evolving professional standards and legislation.