There are a wide range of decisions that children and young people need to make or be involved in throughout their lives.

The level of their involvement and whether they are making decisions for themselves, or someone is making a decision on their behalf may depend on a number of factors such as -

• their age 
• their understanding 
• the significance of the decision 
• whether the child or young person has capacity.

For very young children decisions will be made on their behalf by their parent carer or someone with parental responsibility.  

However, as children move towards adulthood gradually more and more decisions can potentially be made by them. 

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 parent who can still support providing the young person is happy for them to do so.

Mental Capacity Act

The decision-making rights of young people over the age of 16 are subject to whether they have capacity under the Mental Capacity Act 2005. 

There is an assumption that a young person has capacity unless there is a reasonable belief that they do not, at which point an assessment of capacity should take place. To find out more about the Mental Capacity Act visit Mental Capacity Act - Wolverhampton Safeguarding Together and Mental Capacity Act 2005: An easy read guide (local.gov.uk).

Mencap have created a resource pack for family carers of people with learning disability about the Mental Capacity Act (2005) and practical decision making for young people and adults with profound and multiple learning disabilities.