Mental Capacity Act and young people

Children, Decision-Making and Human Rights

Human rights are universal and apply to children as well as adults.  What this means in practice depends on the age of the child and whether there are any concerns about their parents or caregivers.

The Mental Capacity Act 2005 applies to all people in England and Wales aged 16 and over.  It provides a framework for decision-making for people who have difficulty in making their own decisions because of a disturbance or impairment of the mind or brain.

On this page you can find guidance on the relevant legal frameworks and advice on good practice when working with children.

The UK Council for Disabled Children offer a number of resources and Liberty Protection Safeguards Learning examples.

Children and Deprivation of Liberty Frequently Asked Questions 

Deprivation of Liberty Pathway for children under the age of 16 years old

Children, decision making, and human rights: A Salford presentation for World social Work Week 2022

Recorded lunch bowl session

Children, decision making and human rights lunch bowl session (published 2023)

Information and guidance on the Mental Capacity Act and how this applies to adults, including: principles; consent; best interests; Court of protection; advocacy; and deprivation of liberty safeguards.