CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 83 Family group conferences—who must be invited

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 83

    (1)     A family group conference facilitator for a family group conference must take all reasonable steps to invite the following people to the conference:

        (a)     the director-general;

        (b)     if the family group conference facilitator is satisfied that the child or young person can understand and take part in the conference—the child or young person;

        (c)     each parent of the child or young person, unless the family group conference facilitator considers that it would not be in the best interests of the child or young person for the parent to attend;

        (d)     each other person (if any) who has parental responsibility for the child or young person, unless the family group conference facilitator considers that it would not be in the best interests of the child or young person for the person to attend;

Note     Parental responsibility , for a child or young person, is dealt with in div 1.3.2.

        (e)     any person with an interest in, or knowledge of, the care, wellbeing or development of the child or young person who the family group conference facilitator considers should attend the conference.

    (2)     If a child or young person invited to a family group conference does not take part in the conference, the family group conference facilitator must take all reasonable steps—

        (a)     to find out the views and wishes of the child or young person; and

        (b)     to make the views and wishes of the child or young person known to each other person taking part in the conference; and

        (c)     to ensure that the views and wishes of the child or young person are considered in reaching any agreement at the conference.

    (3)     Subsection (2) does not create any requirement for a child or young person to express a view or wish about any matter.

    (4)     A participant may not be represented at a family group conference by a lawyer.

    (5)     However, for a participant mentioned in subsection (1) (b), (c), (d) or (e), a support person chosen by the participant may attend the family group conference to assist the participant if the family group conference facilitator considers the support person appropriate and capable of giving the participant assistance.

Example—assistance

assisting the participant to express the participant's views