Substitute decision-making for individuals under public guardianship involved with the criminal justice system in New South Wales, Australia

Abstract

This qualitative study investigated the decision making process and subjective experiences of guardianship staff. Specifically, grounded theory was utilized to examine the central research question: “What is the decision-making process of guardians of adults under the care of the NSW Public Guardian, who are charged and proceed through the criminal justice system?” Another question based on the central research question was, “What decisions are required, how are these decisions made and implemented, and what are the outcomes of those decisions?” Eleven participants were interviewed using an open-ended interview format. The results are represented in 8 themes and 35 categories. It was hoped that the description of these processes could assist in future decisions being made on behalf of individuals under Guardianship by: specifying what information is considered and valued when making decisions; how the decisions are implemented; how the guardians felt about the decisions; and the outcome of those decisions. From there, recommendations would be provided for guardianship staff, legal and justice practitioners, support workers, and researchers who work with individuals involved with criminal justice system.