Mental capacity at 16

At 16 the young person holds their own SEND rights, unless they lack capacity for the decision.

What it is

From the end of compulsory school age, most SEND rights transfer from the parent to the young person: requesting an assessment, agreeing the plan, appealing, and choosing a placement.

Where it applies

Young people aged 16 to 25 with SEND.

How it works

The Mental Capacity Act 2005 applies: capacity is assumed unless the contrary is established, is decision-specific and time-specific, and a person is not to be treated as lacking capacity because they make an unwise decision.

Where a young person lacks capacity for a particular decision, an alternative person exercises the right on their behalf.

What you can ask for

Ask, before the sixteenth birthday, whether your young person wants you to continue acting for them — and record it. Many councils simply start writing to the young person.

Ask for capacity to be assessed properly and for the specific decision, not assumed in either direction.

Ask for information in an accessible format. Supported decision-making is a duty, not a courtesy.

Where to get help

SENDIASS, IPSEA, and the Mental Capacity Act code of practice.