Year 11

The Mental Capacity Act 2005 provides a legal framework for acting and making decisions on behalf of individuals who lack the mental capacity to make particular decisions for themselves. Everyone caring for, or working with, an adult who may lack capacity to make specific decisions must comply with the Act when making decisions or acting for that person, when the person lacks the capacity to make a particular decision for themselves. The same rules apply whether the decisions are life changing or everyday matters.

The Act’s starting point is to confirm in legislation that it should be assumed that an adult (aged 16 or over) has full legal  capacity to make decisions for themselves (the right to autonomy) unless it can be proven that they lack capacity to make a specific decision at the time the decision needs to be made. This is known as the presumption of capacity.

The Act also states that people must be given all appropriate help and support to enable them to make their own decisions or to maximise their participation in any decision making process.

The underlying philosophy of the Act is to ensure that any decision made or action taken on behalf of someone who lacks capacity to make the decision or act for themselves is made in their best interest. It is intended to assist and support people who may lack capacity and to discourage anyone who is involved in caring for someone who lacks capacity from being overly restrictive or controlling.

The Act also aims to balance an individual’s right to make decisions themselves with their right to be protected from harm if they lack capacity to make decisions to protect themselves. It sets out a legal framework of how to act and make decisions on behalf of people who lack capacity covering such areas as  personal welfare, healthcare and financial matters.

You can find out more about the Mental Capacity Act 2005 via the following links:

• Torbay and South Dev on NHS Foundation Trust www.torbayandsouthdevon.nhs.uk/ services/mental-capacity-act/
• Social Care Institute of Excellence national
• Our dedicated Mental Capacity advice and information page 

MCA directory: www.scie.org.uk/mca-directory/

Or alternatively you can speak to the Social Worker allocated to support you.

Children and young people with special educational needs may get help with transport to school or college. Once a young person reaches 16 they may be asked to pay towards some of the cost of the transport. For further information please contact the Transport Team on 01803 207688 or email cstransport@torbay.gov.uk. Independent Travel training may be available from some colleges and 6th Forms.

If your young person wants to go into work based learning/employment at the end of Year 11 or after, they should discuss this further with their careers advisor. For more information about work based learning please contact your school’s careers advisor or CSW Group (Local). The Department of Work and Pensions can also be contacted to discuss access to some forms of work based training via the benefits system.

Read our advice and guidance page on Post 16 Educational Opportunities to learn more about possible work based training opportunities.

Further support can also be offered by:

• Department of Work and Pensions on 01803 356054
• Torquay JobCentre Plus on 0845 604 3719
• Citizens Advice Bureau on 01803 297803
• SENDIASS Torbay on 01803 213986 01803 212638

You may also like to consider:

• What help you may be able to get at work (Access to work)
• Frequently Asked Questions about supported internships

As young people with special educational needs and/or a disability turn 16, 17, 18 or 19 they become entitled to benefits and support in their own right. What they are entitled to may or may not depend on whether they are still in education, are job seeking or claiming benefits. Parents’ and carers’ benefits and tax credits can depend not only on the student or employment status of their young person with a disability and their other children, but also on what their children with a disability are claiming. Benefits and tax credits are complex. You may wish to take specialist advice about your own situation. You will also need to take further advice if the young person with a disability in the family is a parent themselves. Please search the Local Offer by keyword ‘benefit’ to list organisations that can help you.

Contact will be made by the appropriate Health and Adult Services team at the age of 16 for young people with complex medical needs and at age 17 for others. Please refer to Preparing for Adulthood Age 16-18 for information about Children’s and the Adult Services.

Subject to assessment, Health and Adult Services may work with anybody with a learning disability, sensory impairment and/or physical disability.

Prior to the young person being allocated an Adult Social Care Worker, a transition coordinator will begin to work with the young person and their family to help them plan for the future.

It is useful to think about future living arrangements at the review meeting. For further information please contact the Housing Options Service on 01803 208723, email housing.advice@torbay.gov.uk or visit the Housing Option record in the Local Offer.

You may also find Choosing where to live as an adult with SEND | Torbay FIS Directory (openobjects.com) helpful.