Why meaningful participation for children in out-of-home care is essential

There is a large body of evidence suggesting that children in out-of-home care (OOHC) frequently feel they are not given sufficient information about their lives or care placement, and/or are not meaningfully included in decision-making about their lives (Commission for Children and Young People [CCYP], 2019). Research with children and young people indicates that they commonly:

• lack access to information about themselves, their family and histories, care arrangements or the care system (CCYP, 2019; McTavish et al., 2022; Robertson et al., 2017)
• feel that they are unable to express themselves, either through lack of consistent opportunity or after failed attempts at speaking up (Toros, 2021)
• are not listened to or taken seriously by practitioners (McCafferty & Mercado Garcia, 2023)
• feel excluded from participating in ‘big’ decisions about their lives, including care planning, placement changes, education and healthcare decisions. This is despite some children feeling satisfied with their input into day-to-day decisions (CCYP, 2019, McTavish et al., 2022, Toros, 2021).

For those working with children in OOHC, it is essential to facilitate meaningful child participation. This article briefly outlines the importance of listening to children from a rights-based perspective, and the potential benefits for children and the OOHC system.

Children’s rights to be heard and participate in decisions that affect their lives are clearly documented in both established legal and human rights frameworks, as well as standards for child safety and OOHC services in Australia (ACYP, 2021; AIHW, 2019; McDowall, 2018). Some key frameworks and principles setting out these rights are listed below.

• The United Nations Convention on the Rights of the Child (UNCRC), an international convention that Australia is signatory to, includes articles stating that children have rights to be heard and actively participate in decisions affecting them (ACYP, 2021).¹
• The National Principles for Child Safe Organisations outline how organisations can develop child safe organisational cultures and promote the safety and wellbeing of children. These include the principle that children ‘are informed about their rights, participate in decisions affecting them and are taken seriously’.
• The National Out-of-Home Care Standards (NOOHCS)² contain a standard that children can ‘participate in decisions that have an impact on their lives’ (Department of Families, Housing, Community Services and Indigenous Affairs, 2011; Department of Social Services, 2021).
• The regulations or standards for effective OOHC in each Australian jurisdiction (e.g. Office of the Children’s Guardian, 2015) and Charters of Rights for children in OOHC include the expectation that children can access information and express their views or concerns.
• The Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP)³ outlines five principles, including ‘participation’. This principle emphasises the importance of ensuring children, parents and family members participate in decisions regarding the care of children (SNAICC – National Voice for our Children [SNAICC], 2018).

Despite these rights and standards being clearly embedded in legal and human rights frameworks, as well as practice principles and frameworks, the evidence suggests that they are not always upheld in practice (Australian Institute of Health and Welfare [AIHW], 2019; McTavish et al., 2022; Senate Community Affairs References Committee, 2015; SNAICC, 2013). As such, there is an ongoing need to ensure that children’s rights to information, cultural safety and meaningful participation are respected and implemented in practice (ACYP, 2021; Golding et al., 2021; McDowall, 2018; Victorian Aboriginal Child Care Agency [VACCA], 2009).

In addition to requirements to uphold children’s rights, there can be other benefits to supporting children in OOHC to meaningfully participate in decision-making. There is evidence that meaningful participation, especially in the context of OOHC, can have positive impacts on child wellbeing, contribute to building trust between the child and practitioners, identify child safety concerns and support system improvements.

Children often experience adversity prior to entering OOHC, as well as frequent change and uncertainty whilst in care (Walsh et al., 2018). These experiences before and during care can lead some children to experience a sense of powerlessness and loss of autonomy. This can perpetuate existing trauma and negatively affect their mental health (McGuire et al., 2018; Staines & Selwyn, 2020).

Further reading: Understanding the mental health of children in out-of-home care.

There is also evidence that when children feel they are not heard or taken seriously, they can become distressed and may act out in frustration (ten Brummelaar et al., 2018; Toros, 2021).

Conversely, providing opportunities for children to express their thoughts, feelings, opinions and experiences can support wellbeing by providing a sense of empowerment and agency (CCYP, 2019; Family and Community Services Analysis and Research, 2017; Robertson et al., 2017; Steenbakkers et al., 2018).

Actively listening to children can foster trust and is a foundational element of trauma-informed care (Nurmatov et al., 2020). By seeking children’s perspectives, practitioners can gain valuable insights into their individual needs and preferences. This can enable tailored practice approaches that support the whole child (McCafferty & Mercado Garcia, 2023).

Further reading: Practice principles for child mental health in out-of-home care.

Providing opportunities for children to express themselves, actively listening to children and taking their concerns seriously can reveal important information about their safety and help to identify any risks or protective factors for their wellbeing (Moore & McArthur, 2023; South et al., 2014).

Including children’s perspectives in service and policy review processes, where meaningful and appropriate, can also help to highlight system issues and has the potential to improve the OOHC system (Knight & Kingston, 2021; Moore & McArthur, 2023).

A child’s right to meaningfully participate in decisions that affect them is clearly embedded within charters of rights, standards and frameworks in the OOHC context. It is well documented that children want more communication about, and to be involved in, decisions that affect their lives (CCYP, 2019; McTavish et al., 2022; Robertson et al., 2017). Practitioners play a critical role in helping children in OOHC to meaningfully participate in decision-making. It is essential that practitioners are aware of their obligations to facilitate child participation.

There are also potential benefits for children in OOHC arising from meaningful participation. Further, practitioners and organisations may experience benefits from supporting children to participate.

More information about how practitioners can support meaningful participation is outlined in How to support meaningful participation for children in out-of-home care (to be published 24 February 2025).

Related resources

Emerging Minds resources about children in OOHC:

• Understanding the mental health of children in out-of-home care offers comprehensive details on mental health outcomes in OOHC.
• Supporting children with disability in out-of-home care describes the over-representation of children with disability in OOHC.
• Programs to improve mental health outcomes in out-of-home care provides information about effective programs related to mental health and OOHC.
• Practice principles for child mental health in out-of-home care outlines principles for effective practice.

Additional Emerging Minds resources about child participation:

• Child participation: Key issues for organisations
• Child participation in child protection system decisions
• Supporting children’s participation through shared decision-making in child mental health care.

Child Family Community Australia has a number of relevant resources on child-centred care, including listening to children about safety, participation for safety and involving children in co-design of OOHC.

Further reading

• The UNCRC is an important agreement about children’s rights. A simplified, child-friendly version of the UNCRC is also available. You can find out more about the UNCRC in a child protection context by watching this webinar recording from the Australian National University’s Children’s Policy Centre.
• The Queensland Aboriginal and Torres Strait Islander Child Protection Peak has a range of rights-based resources to assist children and families (e.g. Know your rights), and practitioners (e.g. Understanding and applying the ATSICPP and Solid voices of tomorrow, a guide on including Aboriginal and Torres Strait Islander children’s perspectives in design, evaluation and research).
• The Victorian CCYP has a range of resources, including a full report, child-friendly illustrated resource and a video from the inquiry into the lived experience of children and young people in the Victorian OOHC system.
• The NSW Office of the ACYP has a significant report on children’s voices and experiences in OOHC, also outlined in a video, that includes the quotes of children.
• CETC has comprehensive research reviews and practice guides for professionals working with children in OOHC, including hearing children’s voices in OOHC (e.g. Young peoples’ participation is a right, not a privilege), and case studies of lived experiences of care (e.g., Isaac’s story, Karen’s story and Tahlia’s story).
• The Youth Consult for Change, a NSW Department of Communities and Justice initiative, developed More than Just a Kid in Care, a four-part podcast series that explores young people’s experiences of OOHC in Australia, and a booklet of messages for young people in OOHC.
• As part of Fostering Lifelong Connections, a project by the Research Centre for Children and Families (RCCF), resources and online learning modules were developed for caseworkers to support children’s connections and relationships. This includes video and learning activities exploring lived experiences of OOHC (e.g. The Bridge, which explores an Aboriginal young person’s experience of OOHC, and Building Bridges, which explores caseworker perspectives on supporting the wellbeing of Aboriginal children). RCCF also collaborated on a Sydney Ideas podcast about using co-design in OOHC to create change.
• VACCA has developed child voice tools for amplifying Aboriginal children’s voices (not specific to children in OOHC).
• SNAICC – National Voice for our Children has a guide to implementing the Aboriginal and Torres Strait Islander Child Placement Principle.
• AbSec – NSW Child, Family and Community Peak Aboriginal Corporation produced a report on hearing the voices of Aboriginal people in child welfare, which explores Aboriginal and Torres Strait Islander experiences of child protection.
• Wayipunga is a framework for Aboriginal and Torres Strait Islander young people to support participation in decision-making.

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