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.

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.

'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.

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.

Moving from Children's Services to Adult Services

When a young person with care needs is getting close to turning 18, two laws help make sure they keep getting the support they need:

Children and Families Act 2014

• Helps children and young people up to age 25.
• Brings together education, health, and social care.
• Uses Education, Health and Care (EHC) Plans to support young people.
• Focuses on preparing for adulthood.

Care Act 2014

• Starts when a person turns 18.
• Makes sure adult care and support is planned early.
• Says councils must do a transition assessment, which allows for planning adult care and support to begin before 18, ensuring service continuity and the financial and legal responsibility for social care shifts from children's to adult services on their 18th birthday.
• This helps plan adult services and makes sure the young person does not suddenly lose support.

• The Mental Capacity Act 2005 - Starts with the principle that every adult has the right to make their own decisions and supports people aged 16 and over who may lack the capacity to make decisions for themselves, guiding how they move into adult services by ensuring their rights are protected and decisions are made in their "best interests".

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