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Decision making and mental capacity - Transition Guide

In law, young people aged 16 or over are presumed to have the ability to make their own decisions. This includes certain decisions relating to their education or medical treatment.

Once you turn 16, services will normally speak to you direct, rather than with your parents.

Your parents can continue to support you by:

  • continuing to be involved in talking about your future
  • attending meetings
  • filling in forms
  • dealing with any mail on your behalf

This is if you are happy for them to do this. Your parents are still responsible for you until you get to the age of 18.

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The Mental Capacity Act is a law that protects vulnerable people over the age of 16 about the decisions they make.

This could be if someone needs to make a big decision but other people doubt they can make it.  This may be because of their disability. An assessment can be done to check if they can make the decision themselves or not. If they can’t, a best interest decision can be made by other people on their behalf.

It should always be presumed that you are able to make your own decisions.  This is unless you have difficulty with the following:

  • understanding the information you need. For example, what the outcome will be or remembering the information for long enough to make a decision
  • weighing up your options and making a choice
  • communicating your decision in any way.  For example, by blinking or squeezing a hand

No-one can decide a person lacks mental capacity.  Even if they think the person has made a bad or strange decision. If the person cannot make a decision at a certain time, they may still be able to:

  • make it at another time
  • make decisions about other things

When others make decisions on your behalf, they must follow the Mental Capacity Act. For more information have a look at the Mental Capacity page on this Sheffield Local Offer page.

No-one should make a decision for a young person if it can wait until they can do it themselves. Parents and professionals must always support them to be involved as much as possible in a decision made on their behalf. Even if the young person does not have the capacity to make it themselves. Communication aids can help to do this.

You may need an independent advocate to help collect your opinions and put your view across. Professionals in health, education or social care can ask for an independent advocate if needed. You can get help from an advocate at age 16+.

Click on the logo below for more information.

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When you reach the end of compulsory school age some rights on EHC plans transfer from you parents to you.  This is the last Friday in June of the school year in which you turn 16.

These are:

  • the right to ask for an EHC needs assessment
  • the right to make decisions about the content of your EHC plan
  • the right to ask that a particular education setting is named in your plan
  • the right to request a personal budget
  • the right of appeal to the SEND tribunal.

Your parents may still want to advocate on your behalf once you’ve turned 16. If this is the case, SENDSARS would need consent from you to share information with your parents.

If your parents think you don't have the mental capacity to make decisions, they should speak to SENDSARS.  They will work with social care around the assessments needed for this.

Gillick competence is about decisions made about clinical or medical treatment. Children under the age of 16 can consent to their own treatment.  Consent is when a person is able to say yes or agree to something.  This is if they’re believed to have enough understanding to know what’s involved in their treatment. This considers:             

  • the child’s age, maturity and mental capacity
  • their understanding of the issue and what it involves.  This includes:
    • advantages
    • disadvantages
    • potential long-term impact           
  • their understanding of the risks:
    • what it involves
    • what can happen from making their decision                        
  • how well they understand any advice or information they have been given              
  • their understanding of any other options, if available         
  • their ability to explain their thinking around how they got to their decision.

This is known as being Gillick competent. If a child or young person under the age of 16 is considered Gillick Competent, they have the right to:

  • give consent to medical treatment
  • refuse medical treatment

This means the decision of parents will be overruled unless there are:

  • issues about making the decision (mental capacity)
  • there are safeguarding worries. This would then be referred to the appropriate agency.

Where a decision could possibly cause death or severe permanent injury the case will be referred to the Court of Protection.

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In this section

  1. Introduction to the Transition Guide
  2. Preparing for Adulthood
  3. Sheffield's Local Offer
  4. What happens and when - Early Years (age 0-4)
  5. What happens and when - Reception, Year 1 and Year 2 (age 5-7)
  6. What happens and when - Year 3, Year 4, Year 5 and Year 6 (age 7-11)
  7. What happens and when - Year 7 and Year 8 (age 11-13)
  8. What happens and when - Year 9 (age 13-14)
  9. What happens and when - Year 10 (age 14-15)
  10. What happens and when - Year 11 (Age 15-16)
  11. What happens and when - Year 12 (age 16-17)
  12. What happens and when - Years 13 and 14 (Age 17-19)
  13. What happens and when - Age 19-25
  14. Education, Health and Care (EHC) Plans - Transition Guide
  15. Education, Employment and Training - GCSEs and Help in Exams - Transition Guide
  16. Post 16 Education - Transition Guide
  17. A Guide to Qualifications at 16+ - Transition Guide
  18. Apprenticeships and Supported Internships - Transition Guide
  19. Things to do when not in college - Transition Guide
  20. University and Higher Education - Transition Guide
  21. Careers Advice - Transition Guide
  22. 1) Help with finding and keeping a job - Transition Guide
  23. 2) Help with finding and keeping a job - Transition Guide
  24. 3) Help with finding and keeping a job - Transition Guide
  25. Leisure - Transition Guide
  26. SEN Transport - Transition Guide
  27. Independent Travel Training
  28. Other Travel Support and useful Apps - Transition Guide
  29. Social Care Services - Transition Guide
  30. Moving from Children’s to Adult Social Care Services - Transition Guide
  31. Paying for adult social care - Transition Guide
  32. Getting a carer’s assessment for your parent/carer - Transition Guide
  33. Short Break Services - Transition Guide
  34. Direct payments for social care services - Transition Guide
  35. Housing - Transition Guide
  36. Decision making and mental capacity - Transition Guide
  37. Transitioning from Children’s Health to Adult Health Services - Transition Guide
  38. Annual Health Checks for people with a learning disability - Transition Guide
  39. Important Local NHS Health Services - Transition Guide
  40. Mental Health Services - Transition Guide
  41. 1) Finance and Benefits: Disability Living Allowance, Direct Payments and Appointeeship - Transition Guide
  42. 2) Finance and Benefits: Universal Credit - Transition Guide
  43. 3) Finance and Benefits: 16 to 19 Bursary Fund - Transition Guide
  44. 4) Finance and Benefits: Banking, Wills and Trusts and Child Benefit - Transition Guide
  45. Further help and support - Transition guide