Where the proposed research involves the recruitment of children as participants, initial consent must first be obtained from parents or guardians. These individuals, who have ultimate duty of care toward the child, can be considered as 'gatekeepers'. In Guidelines for Research, the National Children's Bureau (NCB) indicate that once gatekeepers "...permission to approach children is granted it is important to remember that the informed consent of individual children must still be sought".
The researcher must take care to also account for additional levels of gatekeeping around children, such as where the proposed setting for the research is a school or classroom environment. In such cases, the written consent of the school and local authority will be required in addition to that of the parent / guardian.
With regard to obtaining written consent from children who are under 16 years old, where the child's level of literacy is such that they are able to provide consent, this should be obtained alongside that of the parent or guardian. The UK Data Archive provide a useful example of a consent form that is appropriate for both the child and the parent / guardian.
It is vital that researchers take particular care when seeking to obtain consent from children and parents / guardians. The 'Gillick competency' principle established in 1985 that a child may, in certain circumstances, be deemed capable of giving consent without the need for that of the parent / guardian to be obtained. The underlying assumption here is that, should a child demonstrate "sufficient understanding and intelligence" (Lord Scarman, 1985) the parent or guardian may not be able to exercise the right to override the wishes of the child.
It is vital to note, however, that the legal situation surrounding the principle is still evolving, changing on a case-by-case basis, and researchers must ensure that they seek the consent of the parent / guardian in all cases, in addition to that of the child. If the child may be deemed to be 'Gillick' competent, a seperate and appropriate pariticipant information sheet should be provided and written consent obtained.
The ESRC Framework for Research Ethics (FRE) provides potential researchers with valuable guidance around the complex circumstances that may arise during the course of research involving children. It states that:
"In the case of research on children, one cannot expect parents alone to provide disinterested approval on their children’s behalf. In such cases, every effort should be made to deal with consent through dialogue with both children and their parents (or legal equivalent). Again, there may be circumstances where seeking consent from parents could jeopardise the research (for example, in research into teenage sexuality or teenage pregnancy). In such circumstances, researchers will need to regard the potential risk to the principal participants of the research as a priority."
As with adult participants, children must be made fully aware of their rights to confidentiality and anonymity in the proposed research. This information should be conveyed to them in a form of words that is both suitable and appropriate for their age group and level of literacy.
The limitations for confidentiality and anonymity operate within similar parameters for child participants as they do for adults. The foremost concern for the researcher must be ensuring the child is fully protected. Should the researcher become aware of any circumstances that may place the child or others in serious or significant harm, the researcher must take appropriate steps to relay this information to the appropriate authorities. In Guidelines for Research, the NCB further:
"It is important, however, that the researcher does so only after full discussion with the child, ensuring that he or she is aware of the likely consequences and taking very careful account of his or her wishes. If, after discussion with the child, the researcher decides it is necessary to inform others - hopefully with the consent of the child - the researcher must ensure that the child has immediate support and is kept fully informed. To deal with this possibility, children and young people should be told at the outset, and as necessary during the course of an interview, that confidentiality cannot be guaranteed if information of this type emerges."
The limits to confidentiality and anonymity should be made clear to the child in the participant information sheet. An appropriate form of words is put forward by Barnardo's in the Statement of Ethical Research Practice (2002):
"Whatever you have to say in this interview/focus group/questionnaire is confidential unless you disclose that you, or someone else, is in immediate danger of serious harm. In such a case I would need to report that to someone who might be able to help."
In the event that the proposed research involves the inclusion of children as participants, it is vital that Criminal Records Bureau (CRB) clearance is obtained in advance. Under current CRB guidance, research (i.e. any direct synchronous data-collection) would fall under the criteria of 'regulated activity' and would require an enhanced CRB check.
Current CRB guidance defines regulated activity as:
• Any activity of a specified nature that involves contact with children or vulnerable adults frequently, intensively and/or overnight. (Such activities include teaching, training, care, supervision, advice, treatment and transportation.);
• Any activity allowing contact with children or vulnerable adults that is in a specified place
frequently or intensively. (Such places include schools and care homes.);
• Fostering and childcare;
• Any activity that involves people in certain defined positions of responsibility. (Such
positions include school governor, director of social services and trustee of certain charities.)
For further information on the process of applying for CRB clearance, please follow this link.
References
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