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Devon’s SEND Local Offer

Consent


When you turn 16, your consent becomes very important in your health, care, and education decisions, including your education, health, and care (EHC) plan if you have one.

At 16, you are considered old enough to give informed consent for many decisions about your care and treatment. This means that professionals should ask for your consent before they plan or provide any treatment, care, or support.

Here’s a summary of what you need to know about consent at age 16.

Your rights

You have the right to be involved in decisions about your care and to give or refuse consent for treatments, assessments and interventions. Your views should be respected, and you should be provided with all the information you need to make informed decisions.

If a social care worker believes you are at risk of abuse or neglect, meaning you are at risk of someone harming you or you not being cared for properly, a referral may be made for an assessment without your consent to help keep you safe.

Capacity assessment

If there’s any doubt about your ability to make a decision about giving consent, a mental capacity assessment may be carried out to determine if you can give informed consent.

If you are found to have the capacity, you can make your own decisions. If not, the decisions will be made in your best interest by an approved decision maker.

Information sharing

At your year 9 annual EHC plan review, consent must be obtained from you and your family for information sharing as you will start discussing your transition through to year 12.

This means giving consent for professionals involved in your life to share information so that they can all work together with you, if needed, when planning your future.

Post-16 consent form

Schools are required to share a copy of the post-16 consent form, detailing your onward placement, with the SEND Statutory Team.

This form is important for planning your transition and making sure you will have the support you need in place when you start this next stage of your education.


Remember, consent is not just a formality; it’s your right to make decisions about your care, your body and your future. It’s important that you feel informed, supported, and empowered to make these decisions as you transition into adulthood.

If you have any questions or need more information, don’t hesitate to ask a trusted adult or professional involved in your care.