What happens if a Local Authority is concerned about a young person’s capacity?
The Local Authority should always consider whether a young person requires support in expressing their views. If they do, then they should consider providing an advocate (who could be a family member or a professional) to assist in providing the young person’s views. Information about advocacy services should be clearly detailed in the Local Authority’s Local Offer and these services can be provided through a personal budget.
When there is concern about a young person’s mental capacity to make a decision, then a mental capacity assessment will need to be undertaken and this should be undertaken by appropriate staff who have received training in mental capacity, such as a social worker, psychiatrist or other relevant professional.
Mental Capacity Act Disputes
If there are any disputes the Court of Protection oversees actions taken under the Mental Capacity Act and resolves any disputes that involve mental capacity matters.
It’s important that you firstly try to resolve mental capacity disputes amongst the person’s involved in making the decision through best interests meeting and negotiation. Should this not work, then a matter can be brought before the Court of Protection in order that issues can be examined and decisions made.
The Court of Protection is an inquisitive Court and it requires the people involved in the proceedings to try to resolve the dispute themselves during the proceedings.