What is mental capacity?
Mental capacity means being able to make a decision for yourself.
For young people aged 16 and over, this means being able to:
- Understand information about a decision.
- Remember the information long enough to make a decision.
- Think about the different choices and what they mean.
- Tell other people what their decision is.
Sometimes a young person may find it difficult to make certain decisions because of a learning disability, mental health condition, brain injury, or another reason.
It is important to remember that a young person may be able to make some decisions but need support with others.
The Mental Capacity Act
The Mental Capacity Act 2005 is a law that helps protect people who may need support to make decisions.
The law says that:
- Every young person should be assumed to be able to make their own decisions unless it is shown that they cannot.
- Young people should be given support to help them make their own decisions whenever possible.
- Having a different or unusual opinion does not mean a person cannot make decisions.
- If a decision has to be made for someone, it must be in their best interests.
- Any support or decision should affect the person's rights and freedoms as little as possible.
When a young person can make their own decisions
In law, young people aged 16 and over are usually assumed to be able to make their own decisions.
This can include decisions about:
- Healthcare and medical treatment.
- Sharing information with professionals.
- Access to medical records.
Healthcare professionals will always work with the young person to help them understand their choices and make informed decisions.
Young people under 16
The Mental Capacity Act does not apply to children under 16.
If a child under 16 wants to make their own decisions about medical treatment, healthcare professionals will consider whether the child understands enough about the decision and its possible outcomes.
This is sometimes called Gillick Competence.
Getting support
Some young people may need support to understand information and make decisions. Families, carers, schools, health professionals, and other services can work together to make sure young people are listened to and involved in decisions about their lives as much as possible.
Click here to read more about the Mental Capacity Act 2024.