Preparing for adulthood
Under the Mental Capacity Act 2005, young people are considered to be competent to make their own decisions from the age of 16.
Young people will be assumed to have the capacity to make their own decisions about their lives unless it can be demonstrated otherwise. A lack of capacity may be due to permanent or temporary impairment and capacity to make decisions needs to be assessed whenever any decision is made.
As a young person approaches their 16th birthday the CYPDS will carry out a Mental Capacity Act assessment to establish whether or not the young person has capacity to make decisions about matters such as further education, residency, managing finances and sexual relationships.
The assessment will be carried out as part of the preparing for adulthood assessment and will be recorded on the MOSAIC case record using the mental capacity assessment template.
For further information on consent and mental capacity please see the CSSW Consent and children and young people guidance.