Session information
- Title:
- Mental Capacity Act and Young People aged 16 or 17
- Description:
- The Mental Capacity Act (MCA) applies whenever a person aged 16 or over lacks capacity to consent to a specific health or care intervention which is offered. Complexity arises when the person is aged 16 or 17. There are some parts of the MCA that do not apply to them, and there is an overlap with the Children Act 1989, meaning that if the young person lacks capacity to consent to suggested treatment, someone with parental responsibility can consent to or refuse on their behalf. It is important to note that the law regards a person of 16 as able to make their own treatment decisions provided that they have capacity, also that a younger child who has 'Gillick competence' can also make their own decisions. Possible forthcoming widespread changes to the legal framework for authorising deprivation of liberty will affect this age group and those working with them, such as Children's Services.
- Hierarchy:
- Children and Young People with Mental Health Needs, Autism or Learning Disability > Legal > Mental Capacity Act (MCA) > Further Resources > Mental Capacity Act and Young People aged 16 or 17
- Created:
- 30 Jul 2019
- Last Major Update:
- 30 Jul 2026
- Keywords:
- 783-008, deprivation, liberty, capacity, competency, MCA, consent, legal, Gillick
- Quicklink:
- 783-008
Share this item
- Copy URL
Overall rating
4.4/5
4.4/5
Content
4.5/5
4.5/5
Presentation
4.4/5
4.4/5
Interactivity
4.4/5
4.4/5
Self assessments
4.4/5
4.4/5
Overall rating
4.4/5
4.4/5
Content
4.5/5
4.5/5
Presentation
4.4/5
4.4/5
Interactivity
4.4/5
4.4/5
Self assessments
4.4/5
4.4/5
- Title:
- Mental Capacity Act and Young People aged 16 or 17
- Description:
- The Mental Capacity Act (MCA) applies whenever a person aged 16 or over lacks capacity to consent to a specific health or care intervention which is offered. Complexity arises when the person is aged 16 or 17. There are some parts of the MCA that do not apply to them, and there is an overlap with the Children Act 1989, meaning that if the young person lacks capacity to consent to suggested treatment, someone with parental responsibility can consent to or refuse on their behalf. It is important to note that the law regards a person of 16 as able to make their own treatment decisions provided that they have capacity, also that a younger child who has 'Gillick competence' can also make their own decisions. Possible forthcoming widespread changes to the legal framework for authorising deprivation of liberty will affect this age group and those working with them, such as Children's Services.
- Hierarchy:
- Children and Young People with Mental Health Needs, Autism or Learning Disability > Legal > Mental Capacity Act (MCA) > Further Resources > Mental Capacity Act and Young People aged 16 or 17
- Created:
- 30 Jul 2019
- Last Major Update:
- 30 Jul 2026
- Keywords:
- 783-008, deprivation, liberty, capacity, competency, MCA, consent, legal, Gillick
- Quicklink:
- 783-008