Young People's rights at 16
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All young people have the right to have their views taken into consideration about decisions that affect them. However, an important change is that when they reach 16 certain rights transfer from you, their parent/carer to the young person themselves.
A young person can:-
- Ask for an EHC needs assessment
- Make decisions about the support in their EHC plan
- Ask for a personal budget
- Appeal directly to tribunal about a decision relating to an EHC assessment or an EHC Plan.
It is assumed that young people have this right unless they lack the mental capacity to make specific decisions about their lives. Young people with disabilities and special educational needs should be treated as having the capacity to make their own decisions, even if they need support to do so.
What is the role of parent carers when their son or daughter reaches 16?
Many parents/carers are concerned about what this change will mean in practice and how the change in legal status affects parent/carers’ rights to be involved in decisions affecting their son or daughter. The changes to the law do not mean that parent/carers have no say. In practice many young people will want and need their parents’/carers’ support to make decisions, and many people will still need to make decisions on their behalf. It is about placing the views and aspirations of the young person at the centre of the process.
Section 19 of the Children and Families Act 2014 states that Local Authorities must pay particular attention to:
- the views, wishes and feelings of children and their parents/carers, and young people;
- the importance of them participating as fully as possible in decision-making and providing the information and support to enable them to do so; and
- Supporting children and young people’s development and helping them to achieve the best possible educational and other outcomes.
The NNPCF welcomes young people being heard and their views being given higher significance. It is important for Local authorities and other agencies to recognise the need to work with the young person and their family to establish what support is needed.
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