Preparing young people to make their own decisions

As young people develop, and increasingly form their own views, they should be involved more and more closely in decisions about their own future. After a young person turns 16, under the Children and Families Act 2014, the right to make requests and decisions applies to them directly, rather than to their parents. Parents, or other family members, can continue to support young people in making decisions, or act on their behalf, provided that the young person is happy for them to do so. A young person can also request an advocate from the local authority to provide additional support.


The specific decision-making rights about EHC plans which apply to young people directly from the end of compulsory school age are:

  • The right to request an assessment for an EHC plan (which they can do anytime up to their 25th birthday)
  • The right to make representations about the content of the EHC plan
  • The right to request that a particular institution is named in their EHC plan
  • The right to request a Personal Budget for elements of an EHC plan
  • The right to appeal to the First-tier Tribunal (SEN and Disability) about decisions concerning their EHC plan

Local authorities, schools, colleges, health services and other agencies should continue to involve parents in discussion about the young person’s future. They should support that young person to communicate their needs and aspirations and to make decisions which are most likely to lead to good outcomes for them. While a decision concern an EHC plan will typically involve the young person’s family, the final decision rests with the young person

The Mental Capacity Act


The right of young people to make a decision is subject to their capacity to do so as set out in the Mental Capacity Act 2005. The underlying principle of the Act is to ensure that those who lack capacity are empowered to make as many decisions for themselves as possible and that any decision made or taken on their behalf is done so in their best interests. Decisions made about mental capacity are made on an individual basis, and may vary according to the nature of the decision.