Support for children aged 0-25 with Special Educational Needs and Disabilities

Your rights and the law - moving into adult services

Below are some frequently asked questions by parents/carers and young people.

Do my rights and responsibilities change as my child becomes an adult?

When your child becomes 16 your child can make decisions for themselves and those working with your family must take into consideration those views. However this does not mean you can no longer play an active role in their ongoing support.

What are the legal differences once my child reaches 18 years?

Once a person reaches 18 they become adult in their own right and will be assessed independently of their parents in regards to a number of areas, including support needs, housing requirements and benefit entitlement.

If my child will have to make decisions about their future, how can I support them to do this legally?

'Mental capacity' is the legal way of describing someone’s ability to make a decision or act for themselves.  The Mental Capacity Act has been put in place to ensure that those people who are unable to make decisions for themselves are protected.

If my son/daughter and I disagree about which options to choose, who can help them communicate what they want and make sure it happens?

As part of the transition process, the care manager will work with your son/daughter and you to explore the options available.  If you do not agree with the outcome of the assessment and support planning process then you would be able to discuss this with the relevant manager within Adult Social Care Services, or make a formal complaint.  Independent Advocacy support may also be an option if required.

What are the relevant laws in relation to this?
  • Mental Capacity Act 2008
  • Care Act 2014
  • Children and Families Act 2014