Confidentiality and parent involvement

Parents and carers of LGBTIQ+ young people accessing CAMHS have legal responsibility for their child’s wellbeing.

Many parents and carers find it challenging to balance the moral, legal and caring responsibility they have to provide a safe and supportive home environment for their young person, with the young person’s need for a safe and confidential space to discuss their wellbeing.

As a CAMHS clinician, it can be challenging to balance parental involvement with client confidentiality for LGBTIQ+ young people, especially for those under 18 years of age.

Legislation and common law provide a framework for family involvement, emphasising that young people (including minors) can consent to their own treatment if they demonstrate sufficient maturity and understanding. Consider this legal requirement alongside best practice to protect the young person’s rights and wellbeing.

Legislative context

Legislation outlines how families should be included in the care of minors. The Mental Health Act 2007 No 8 provides specific guidance on the care, treatment and control of people with mental illnesses, including minors under the age of 18.1

The Act outlines that:

  • a young person’s mental health information should generally stay private, unless there’s a legal requirement for the information to be shared or if the minor agrees to share it
  • for those mature enough to make their own decisions (known as 'Gillick competence'), the individual’s consent is usually required before involving parents or carers. This is essential for LGBTIQ+ young people who might not have a supportive home environment.

Providing a safe and confidential space for families

Just as LGBTIQ+ young people need a safe and confidential environment, it's equally important to extend that environment to parents, carers and other family, where possible and appropriate.

Parents and carers may face some of the same discrimination and stigma as their LGBTIQ+ child, which can create barriers to them accessing services. Common challenges include:

  • needing to educate practitioners about sexuality, gender identity and intersex variations
  • facing inappropriate or intrusive questioning
  • dealing with negative attitudes from service providers.

To build a safe and confidential space for parents and carers:

  • actively listen to how parents and carers describe their identities, roles and family composition
  • avoid assumptions about family roles and structures
  • create a welcoming physical environment
  • offer flexibility and sensitivity in service delivery
  • empower families through resources and information
  • model behaviours and language that are inclusive and safe.

References

  1. NSW Government. Mental Health Act 2007 No 8. Sydney, NSW. 2007 [cited Sept 2024]
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