As parents and carers we want the best for our young people, and we’re used to making decisions for them, with their best interests at heart. As they become older, the responsibility for making these decisions moves from the people with parental responsibility over to the young person themselves. The role of the parent or carer changes from making decisions to supporting and advising our young people to make their own. This doesn’t mean you won’t be listened to, or that your views won’t be taken into account, but in most cases the ultimate decision rests with them.

As we’ve said in other parts of the SEND Local Offer, the NHS considers that:
‘People aged 16 or over are entitled to consent to their own treatment. This can only be overruled in exceptional circumstances.’ You can read more here: Consent to treatment - Children and young people - NHS.

The same is true in education, once a young person is over compulsory school age, regarding who makes decisions, in chapter 8, of the SEND Code of Practice, Preparing for Adulthood, it states:

‘As young people develop, and increasingly form their own views, they should be involved more and more closely in decisions about their own future. After compulsory school age (the end of the academic year in which they turn 16) the right to make requests and decisions under the Children and Families Act 2014 applies to them directly, rather than to their parents. Parents, or other family members, can continue to support young people in making decisions, or act on their behalf, provided that the young person is happy for them to do so, and it is likely that parents will remain closely involved in the great majority of cases.’ Section 8.13 SEND code of practice: 0 to 25 years - GOV.UK.

In some cases it might be that the young person doesn’t have the mental capacity to make their own decisions and you may have to consider applying to court to become their deputy.  

Resources:

We have listed several resources here that we have found online or have been recommended to us, which may help and support you when you are considering parental responsibility and decision making. We have made every attempt to ensure all information held here is accurate, but we cannot accept any responsibility for third party websites, their inclusion here is for your information only and does not represent endorsement or recommendation by the council.

The charity Contact has an article on Parental responsibility & mental capacity beyond 16 which you may want to read.

Mencap have produced a mental capacity resource pack, which you can download here: mental capacity act resource pack (mencap.org.uk). They have also published a useful article on appointees, deputies etc. which you can download here: Appointees deputies and power of attorney (mencap.org.uk).

The NHS have also produced a guide about the Mental Capacity Act and how it relates to health and social care: You can read it here: Mental Capacity Act - Social care and support guide - NHS.

You may find this easy read guide to the Mental Capacity Act useful when you are talking to your young person: Mental Capacity Act 2005: An easy read guide (careengland.org.uk).

What is DoLS?

Some people with care and support needs aren’t able to make decisions the same as everyone else. However, they should be treated and cared for in a way that means they are safe and free to do the things they want to do.

Article 4 of the Human Rights Act states that everyone has the right to liberty. No one should be deprived of their liberty, however there are some situations where, to keep someone safe, their liberty has to be restricted.

For some people with care and support needs, we need to balance their right to freedom alongside risks to their safety.

To achieve this, the Deprivation of Liberty Safeguards, or DoLS, were developed and put into legislations.

We understand that the term Deprivation of Liberty is scary, but it doesn’t mean that anyone is doing anything wrong. It means that the situation needs someone independent to look at it to ensure that a person’s rights are being protected.

You can find out more about DoLS by watching this video:

If you would like more detailed information, please download or view our leaflet which is a guide to support you, your family and anyone who works with you. 

Download: DoLS Guide 2024 (PDF)

There are many different types of advocacy, and these can be accessed from different agencies and organisations.

Formal Advocacy

Advocacy is taking action to help people say what they want, secure their rights, represent their interests and obtain services they need. Advocates and advocacy providers work in partnership with the people they support and take their side. Advocacy promotes social inclusion, equality and social justice.

In Worcestershire this would be provided by Onside.

• ONSIDE - Independent Advocacy in Worcestershire (onside-advocacy.org.uk)

Self Advocacy

This is being able to speak up about the things that are important to you.  There are organisations that run self-advocacy groups across Worcestershire. These groups aim to help young people develop the skills and confidence needed to speak up for themselves.

In Worcestershire these are Speakeasy Now and Our Way.

• Self-Advocacy Groups - SpeakEasy NOW
• Home | Our Way Self Advocacy, Worcestershire, England, Learning Disabilities

If you are a care leaver more information about the support you can access regarding decision making can be found at: Care leavers.

There are also more details about advocacy in Worcestershire here: Someone to speak up for you (advocacy).

For parents or carers we have included information in the drop down below about parental responsibilities, how these change as your young person becomes 18, the Mental Capacity Act, appointees, deputies and power of attorney.