Aspirations, mental capacity and decision making​​​

If the young person is already supported by children’s services, they usually carry out the mental capacity assessment around age 14.

No request is needed if children’s services are already involved—they will start planning automatically.

If children’s services are not involved, but there are concerns about the young person’s ability to make decisions, school staff or parents can contact the local authority for advice or support.

If your child is supported by our Disabled Children’s Targeted Support teams we will be aware of your child. Please don’t worry, there is no need to contact us. However, if you are worried you can contact our helpline, where we already know your child or young person.

Before a major change such as a move takes place a best interests decision needs to be made if the young person has been assessed to lack capacity to make it themselves.

Decisions can be made in a best interests meeting or by consultation. The legislation does not specifically require a meeting.

The best interests process ensures that the advantages and disadvantages of any available options have been thoroughly balanced from the young person’s point of view.

Sometimes, urgent best interests decisions need to be made, but a planned transition into a new service should follow a thorough best interests decision.

The Mental Capacity Act is designed to protect the rights and freedoms of young people (16 onwards) and adults who lack the mental capacity to make their own decisions. These safeguards are aimed at promoting the best interests of individuals.

For a young person who lacks capacity and is approaching a significant change at 18 – where they live, the services they receive – it is necessary for an assessment of capacity and any best interest’s decision to be made ahead of the change.

Capacity and best interests’ processes are only effective once there are concrete options to explore so can’t be done too far ahead.

If, following the best interest’s decision at 18+ they move into an adult residential care provision registered with CQC, then the new care provider will need to initiate a Deprivation of Liberty Safeguards (DoLS) application to the DCC DoLS team. This is the care provider seeking authority to follow a care plan involving significant restrictions on liberty.

Mental capacity must be time and decision specific. If a young person was unable to make a decision or decisions but to drug or alcohol use, which was impairing their ability, we would need to carefully consider if the decision could be delayed and what support they may require to make a decision.

Where concerns related to decisions where an individual may have capacity but choose to place themselves at risk there are different provisions in place. This may fall under children’s or adult safeguarding depending on age

The Council would not complete a mental capacity assessment at 14. Mental capacity assessments start at 16 years of age as the law applies from 16.

Where there is reasonable cause to suspect that a young person lacks capacity to make a decision or decisions, this should be considered by those supporting them to understand what needs to happen next.

In some cases this may lead to a mental capacity assessment, however, we would hope that in most scenario’s those supporting the young person would help them to be make the decisions they need to make. Where this is not possible, a professional can escalate their concerns.

A Mental Capacity Act assessment is only done when a specific decision needs to be made. Assessor’s will have different knowledge and skills. However, please don’t worry, where specific information is needed, this is sought from professionals with the required knowledge with a particular area or with specific expertise.

The Mental Capacity Act is a legal framework designed to promote the rights of young people and adults. A specific decision about medical treatment may be considered under this framework. However, more general powers to make medical decisions on an individual’s behalf generally would not be applicable to young people under the age of 18 years

The safeguards within the Act are vital in supporting the liberty of young people. These ensure that the state, which includes the Local Authority, is not unlawfully depriving a person of their rights. However, where there is no support being provided by the Council the restrictions would not be considered to be the responsibility of the Council.

If you feel that an assessment is necessary due to a young person’s social care needs, this can be requested through our ‘front door’. It is important to remember that you are asking for an assessment by the Council rather than by a specific team. We will consider the right pathway for you to access an assessment, based on your individual needs.

Who to talk to:

• Speech and language therapist (SLT) – especially for DLD, they can help with pragmatic language and social communication.
• Educational psychologist – can assess social understanding and recommend strategies.
• Autism specialist teacher or keyworker – often available through the school or college support services.
• Devon County Council SEND Team – they can guide you to local services for life skills, mentoring, and transition planning.
• Your GP – can refer you to CAMHS or adult mental health services if needed.