This essay will discuss the legal and ethical concerns when working with children and young people. Confidentiality and safety issues will be discussed with relevant consideration as to how these issues may be addressed when forming a relationship with a child and their parents or caregivers. The influences of power, gender, ethnicity and cultural differences when counselling children and young people will be mentioned, with relevant aspects of key human development theories outlined. There are many things to consider when building a therapeutic relationship with a child or young person and potential challenges will be analysed and discussed. Finally, there are many skills needed to effectively communicate children and young people, and these will be explored with examples provided.
In defining the criteria for a child or young person, New Zealand law states that anyone under the age of eighteen years may be considered so, unless they have sought legal independence at age sixteen. (Ludbrook, 2012, p297). The Gillick decision in 1985 set out precedents that a child or young person may consent to counselling, regardless of their age, providing that they “understand what is involved in the counselling process and [have] the intellectual and emotional maturity to weigh up the advantages and risks.” (Ludbrook, 2012, p304). The New Zealand Association of Counsellors (NZAC) code of ethics section 5.5d states that “Counsellors should respect the rights of children: to receive age appropriate information and to give consent on their own behalf, commensurate with their capacity to do so.” It is important that the counsellor explain to the child the purposes of the counselling and where possible speak to the child alone, unless the child requests that a parent or caregiver be present. Ludbrook (2012) highlights that a child or young person has the same legal rights to confidentiality as an adult client, meaning that anything discussed during a counselling
References: Axline, V. (1964). Dibs in search of self. New York: Ballantine books/Randomhouse publishing. Axline, V. (1964). The eight basic principles. In M. Howarth (ed.) Child psychotherapy: practice and theory. New York: Basic Books ltd. Children, Young Persons, and their Families Act, No. 24. (1989). Retrieved from http://www.legislation.govt.nz/act/public/1989/0024/latest/DLM147088.html Ludbrook, R. (2012). Counselling and the law. (2nd ed.). Wellington: Dunmore Publishing New Zealand Association of Counsellors. (2002). Code of Ethics. Oaklander, V. (2007). Windows to our children. Maine, United States: The Gestalt Journal Press.