Factsheet: The Mental Capacity Act and Supported Decision Making

Under Part 3 of the Children and Families Act 2014, the right to make requests and decisions applies directly to disabled young people and those with SEN over compulsory school age (the end of the academic year in which they turn 16) rather than to their parents.

This has raised a lot of questions from young people, their families, and professionals working with them, about how young people can be prepared and supported to make important decisions about their future.

Preparing for Adulthood (PfA) have worked in partnership with the Transition Information Network (TIN), the Information Advice and Support Services Network (IASSN) and Making Ourselves Heard (MOH) to develop this factsheet. We have considered the practical implications of the key principles of the Mental Capacity Act 2005 and how they link with the duties in the Children and Families Act 2014 and the Care Act.

Through working with young people we have explored how supported decision making can create positive outcomes for them as they prepare for adulthood as well as considering how they would want to be supported.

Tags: Education, Health & Care Planning, Young People & Family Participation

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