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The Mental Capacity Act (MCA) is designed to support young people aged 16 who lack the mental capacity to make their own decisions about their care and treatment.
This can be decisions about minor things like what food to buy or what to wear or more serious decisions like whether to move to a care home or have major surgery.
Read about the Mental Capacity Act on the NHS website
Read information about deprivation of liberty safeguards (DoLS) on GOV.UK.
Note - The Mental Capacity Act (MCA) is due to change in April 2022. We'll make sure we give you the updated information when it changes.
The Children and Families Act 2014 says that young people with special educational needs and disabilities (SEND) over 16 have the right to make decisions for themselves, rather than their parents making these decisions.
This may seem like a big step but there's advice, help and toolkits to help young people and their families understand how they can be supported to make decisions.
There are organisations that can help young people and their families discuss decision making. Young people do not need to make every decision for themselves. They can make decisions with the help of their family and carers based on their ability to do so, with or without help.
Decision making toolkit - Council for Disabled Children.
Everyone has rights when it comes to making decisions. It's important that young people and their families are aware of these rights.
Easy read publication - 'A life like any other - human rights and adults with learning disabilities'.
Advocacy helps a young person to speak up and get involved when decisions are being made about their life. It means having someone on your side.
Advocacy Toolkit for advocates, professionals and carers supporting disabled children with the transition from children's to adult services.
Information and resources about advocacy for parent carers from the Council for Disabled Children.
Watch this video about the Mental Capacity Act: