Introduction

Everyone working with (or caring for) any young person from the age of 16 who may lack capacity must comply with the Mental Capacity Act.

This procedure should therefore be used by anyone working with a young person who is 16 years old and over.

If you are working with a young person under the age of 16 the principles of Gillick Competency apply.

Throughout the procedure where the term ‘young person’ and ‘young people’ is used this means a person who is 16 years old or over.

There is a Code of Practice to support effective implementation of the Mental Capacity Act 2005 (see Relevant Guidance).

There is a duty under the Act for all persons and organisations with a responsibility for making decisions, or carrying out acts when a young person lacks capacity to have regard to the code at all times, regardless of the existence of other guidance.

If it appears to a Court or Tribunal conducting any criminal or civil proceedings that a failure to comply with the code has occurred this will be taken into account in any subsequent determination they make.