Under the **Children and Families Act 2014**, you are considered a "young person" from the last Friday in June after you turn 16 until you turn 25. If you have any questions about your rights, you can get in touch with us, and we will do our best to help you.

 

SEND Laws and Legislation’s

There are laws that protect you and make sure you get the support you need from your school, college, or local council. Here are some important ones:

• Children and Families Act (CAFA): This is a law that schools and the local council must follow. Section 3 is specifically about young people. You might find the [Young Person's Guide to the Children and Families Act](link is external) helpful.

• SEND Code of Practice (COP): This provides more details about the law (CAFA). If it says a school, college, or the local council **MUST** do something, they are legally required to do it. If it says **SHOULD**, then it is a recommendation that they are expected to follow unless there is a good reason not to.

• SEND Regulations and 2015 Amendments: These are rules that support the Children and Families Act and are legally binding.

• SEND Regulations for Personal Budgets: These rules cover direct payments and personal budgets related to SEND support.

• Equality Act 2010: This law protects you from unfair treatment (discrimination) because of any disability you might have.

• Equality Act Disability Regulations 2010: These are rules that help support the Equality Act.

•  Your Views, Wishes, and Feelings

As a young person, your thoughts and feelings about your education and support are important. You have the right to have a say in decisions that affect you. If you need help expressing your views, you can ask a parent, carer, or someone you trust to speak for you.

If you find it difficult to speak to people you don’t know but need advice, we can talk to your parents or carers on your behalf. The SEND Code of Practice states that Councils must:

• Listen to and respect your views, wishes, and feelings

• Involve you in decisions about your education

• Give you important information about your education

• Accept information from you about your education

If you need help sharing your views, you can talk to your school, college, or setting; a support worker; a parent or carer; or us. We can help you think about what you want to say and record your thoughts.

Here is an overview of the Mental Capacity Act tailored for children and young people with Special Educational Needs and Disabilities (SEND):

Understanding the Mental Capacity Act

The **Mental Capacity Act 2005** is a law that helps protect people who might have trouble making decisions on their own. This could be due to a learning disability, mental health condition, or any other reason that affects their ability to understand or decide things.

The law applies to anyone over the age of 16. It is designed to make sure that people get the support they need to make their own choices as much as possible, and it provides guidance on what happens if someone cannot make a decision for themselves.

 

Key Points of the Mental Capacity Act

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1. Making Your Own Decisions

The law says that everyone has the right to make their own decisions whenever possible. Just because a person has SEND or a disability does not mean they can't make choices for themselves. People should be given all the help they need to make decisions, such as using simpler language, visual aids, or having extra time to think about their choices.

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2. Best Interests

If a person cannot make a decision by themselves, someone else may need to make a decision for them. The person making the decision must always do what is in the "best interests" of the person with SEND. This means they must think carefully about what is best for that person and consider their wishes, feelings, and values.

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3. Least Restrictive Option

If someone has to make a decision for you, it should limit your freedom and rights as little as possible. For example, if you need support at school, the help you receive should not stop you from joining in with your friends or doing things you enjoy, unless it is absolutely necessary for your safety.

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4. Who Decides? 

If you are 16 or older and cannot make a decision for yourself, the people who decide for you could be your parents, carers, teachers, social workers, or healthcare professionals. Sometimes, a "court of protection" may need to get involved if there is a big disagreement about what is best.

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5. Making a Plan for the Future 

   The Mental Capacity Act also lets people plan ahead for a time when they may not be able to make decisions. This is called making an "advance decision" or appointing a "lasting power of attorney" (someone you trust to make decisions for you). This can help ensure that your wishes are followed even if you cannot express them later.

 

How the Mental Capacity Act Might Affect You

• Decision-Making in School or College: If you have SEND and need extra support to make decisions about your education, the Mental Capacity Act makes sure you get the right help. For example, you might be given choices in a way that is easier for you to understand, or you might have someone with you to explain things more clearly.

• Health and Personal Care Decisions: If you need to make decisions about your health or personal care (like going to the doctor or taking medicine), the people supporting you should help you understand your options. If you can't make a decision, they will decide in your best interests.

• Support to Speak Up: The law says you should have as much support as you need to have your voice heard. This might include help from a parent, carer, or advocate (someone who speaks up for you). If you feel that people are not listening to you or considering your wishes, you have the right to ask for more support.

• Your Rights and Freedom: The Mental Capacity Act ensures that if someone else is making decisions for you, they should respect your rights and freedom as much as possible. They should always try to include you in the decision-making process and think about what you want and what makes you happy.

 

Remember

The Mental Capacity Act is there to help make sure that you, as a young person with SEND, have the right to be involved in decisions about your life. It encourages everyone to support you in making your own choices whenever possible and to always consider what is best for you.

If you have any questions or feel unsure about your rights, you can talk to someone you trust—like a parent, carer, teacher, or support worker—to help you understand more.