Preparing to make your own decisions
Contents
Overview
The SEND Code of Practice tells you and services involved with you the importance of preparing for adulthood.
Supporting you to become independent should start from the earliest years, but it must be planned from Year 9 (age 14). You may want to start thinking about your plans before this.
All professionals working with you should be aspirational about your future. They must work with you to understand your ambitions and the support you may need to achieve them
When you become 16 years all services should engage directly with you as well asyour parents and carers.
Your family can still be involved in discussions and decision making about your future if you would like them to be, but the decisions must be made by you.
If you have an EHCP or feel you may need one, at 16 you have rights under the Children & Families Act 2014 to:
- Request an Education Health & Care Needs Assessment
- Make representation for what is included in your Education Health & Care Plan (EHCP)
- Make a preference for what school/setting is named in your EHCP
- Request a personal budget as part of your EHCP
- Appeal to the First Tier Tribunal (SEND) if you are not happy with your EHCP
Your parent(s) will still have parental responsibilityfor you until you are 18 years.
Advocacy
If you have difficulty involved in decision making, working out what you want, or saying what you think, you can get support from a family member, friend or an advocacy service. They can help you:
- Understand the information that you are given and the choices available to you
- What services are available and what support they can provide
- To have your voice heard
Advocacy services [Link services]
Mental Capacity and the Court of Protection
Some young people do not have the mental capacity to make certain decisions for example about their finances, care, treatment and welfare. This may also be the case for parents or carers.
The Mental Capacity Act 2005 (MCA) focuses on the rights of people to make their own decisions.
The MCA sets out five principles which must be considered in everything someone does in relation to determining if someone may lack capacity to make some decisions and how they should work with someone if it is assessed that they do. These are:
- Everyone can make their own decisions unless it is proved otherwise
- A person should have all the help and support possible to make and communicate their own decisions before anyone concludes that they are not able to
- A person should not be treated as lacking capacity because they make what someone else feels is the wrong decision
- Any actions or decisions made on behalf of someone should be in their best interests
- Actions or decisions made on behalf of someone should limit their rights and freed of action as little as possible
In order to decide if someone lacks capacity an assessment by a social worker may be carried out. This is a called a Mental Capacity Assessment.
Alternatively, an application can be made to the Court of Protection to appoint a representative, known as a 'Deputy'.
In most cases this is the young person's parent/carer.
The Court of Protection is responsible for:
- Deciding whether a person has the mental capacity to make a particular decision for themselves
- Appoint deputy/deputies to make decisions for people who lack mental capacity
- Give permission for one-off decisions to be made on behalf of someone who lack mental capacity
- Make decisions about lasting power of attorney or enduring power of attorney
- Make decisions about application to make statutory wills or gifts
- Make decisions about when someone can be deprived of their liberty
It must not be assumed that a person has lack of capacity for all decision making, they may be able to make some decisions and should be encouraged and allowed to do so.
A reassessment of capacity is not required each time a decisions needs to be made, if there is a reasonable belief that the person lacks capacity based on prior knowledge then a decision can be made by a parent or deputy as appropriate.
Find out more about Mental Capacity in the SEND Code of Practice
Overview
The SEND Code of Practice explains the importance of preparing for adulthood.
You should be supported to become independent from the earliest years, but this must be planned for from year 9 (when you are 14 years old).
You may want to start thinking about your plans before this.
If you have an Education, Health and Care Plan
If you have an Education, Health and Care Plan, or feel you may need one, at 16 you have rights under the Children & Families Act 2014 to:
- Request an Education Health and Care needs assessment
- Have your say on what is included in your plan
- Have your say on the preferred school / setting named in your plan
- Request a Personal Budget as part of your plan
- Appeal to the First Tier Tribunal if you are not happy with your plan
Making decisions about your future
All professionals working with you should be aspirational about your future.
They must work with you to understand your ambitions and the support you may need to achieve them.
When you turn 16, services should discuss this with you directly, as well as with your parents and carers.
Your family can still be involved in discussions and decisions about your future if you would like them to be, but the decisions must be made by you.
Your parent(s) will still have parental responsibility for you until you are 18 years old.
Support to help you express your views and wishes (advocacy)
If you have difficulty making decisions, working out what you want, or saying what you think, you can get support to help you express your views and wishes.
This is known as 'advocacy'.
You can get support from a family member, friend or an advocacy service.
They can help you to:
- understand the information that you are given, and the choices you have
- understand what services are available, and what support they can give you
- have your voice heard
Being able to understand and make decisions (mental capacity)
Some young people do not have the ability to understand and make a decision when it needs to be made.
This is known as their 'mental capacity' to make certain decisions, for example, decisions about their money, care, treatment or welfare.
A person's rights
The Mental Capacity Act 2005 focuses on the rights of people to make their own decisions.
It sets out 5 principles which must be used in every situation when deciding if someone lacks the capacity to make a decision.
These principles should be used by the people who support the individual before a mental capacity assessment is carried out.
The 5 principles are:
- Everyone can make their own decisions unless it is proved otherwise
- A person should have all the help and support possible to make and communicate their own decisions before anyone concludes that they are not able to
- A person should not be treated as lacking capacity because they make what someone else feels is the wrong decision
- Any actions or decisions made on behalf of someone should be in their best interests
- Actions or decisions made on behalf of someone should limit their rights and freed of action as little as possible
Deciding if someone lack capacity to make their own decisions
Mental Capacity Assessment
To decide if someone lacks capacity a social worker must carry out a Mental Capacity Assessment.
The social worker carrying out the assessment will also test the 5 principles shown above.
There is guidance for people working with or caring for adults who lack capacity to make decisions for themselves.
See GOV.UK: Mental Capacity Act: Making Decisions.
Applying to the Court of Protection
A parent or carer can also apply to the Court of Protection to appoint a 'deputy' to help them with decisions.
The Court of Protection is responsible for:
- deciding whether a person has the mental capacity to make a particular decision for themselves
- appointing a deputy / deputies to make decisions for people who lack mental capacity
- give permission for one-off decisions to be made on behalf of someone who lacks mental capacity
- making decisions about lasting power of attorney or enduring power of attorney
- making decisions about applications to make statutory wills or gifts
- make decisions about when someone can be deprived of their liberty
See GOV.UK: Court of Protection
Making decisions
It must not be assumed that a person lacks capacity for making all decisions.
They may be able to make some decisions, and should be encouraged and allowed to do so.
A person's metal capacity does not need to be re-assessed each time a decision is made.
If there is a reasonable belief that the person lacks capacity, based what is already known about them, then the parent or deputy can make a decision for them.
See:
GOV.UK: Making decisions on behalf of someone