Independent Living

When you reach the age of 16 and are no longer in compulsory education you can begin to make your own decisions. Young people of this age can also start to make decisions independently about the support they receive. This can include taking control of your EHC Plan if you are able to. This page gives you information about your rights and laws that will help make sure you are supported.

Your rights

Everyone has the right to have wishes and aspirations for the future and everyone has the right to have their views recognised. All people should also be treated fairy according to the Equality Act. The following principles should apply to the support you receive.

CONFIDENTIALITY
The person seeing you should explain how any information you give them might be shared, and about your right to talk to someone on your own.

CONSENT
The person seeing you should check that you agree with the help they are suggesting and explain the possible choices if you do not agree.

YOUR NEEDS
If you or your family need help from an interpreter or want information in a certain way, then the health/social care practitioner, or the person working with you, should try and organise this for you.

COMPLAINTS
If you are not happy with the help you have received.

Advocacy Duty
The Care Act 2014 says that: ‘the advocacy duty will apply from the point of first contact between a person and their local authority and at any later stage of the assessment, planning, care review, safeguarding enquiry or safeguarding adult review. If it appears to the authority that a person has care and support needs, then a judgement must be made as to whether that person has substantial difficulty in being involved and if there is an appropriate individual to support them. An independent advocate must be appointed to support and represent the person for the purpose of assisting their involvement if these two conditions are met’.

The Mental Health Capacity Act

The Mental Health Capacity Act applies to everyone involved in the care, treatment and support of people aged 16 and over living in England and Wales who are unable to make all or some decisions for themselves.

It is designed to restore power to vulnerable people who lack capacity.
It supports those who have the capacity and choose to plan for their future.
The Code of Practice provides support and guidance for carers and all professionals who have a duty of care to comply with it.
If capacity is lacking, the checklist described in the Code must be used in order to establish the best interests of the person concerned.

More information on the Mental Health Capacity Act.

The person-centred approach

Person-centred care is designed around the individual and the aims and objectives that are important to them. A person-centred approach should allow the voice of the young person to be heard and empower them to take control of their lives.

You should be put at the centre of planning and decision making, this allows you to plan exactly what is important to you. This could include your interests, what makes you happy and what your aspirations are. This approach will let you have a say in what you might need to stay healthy, safe and to be a valued member of the local community and society as a whole.

How can I identify a person-centred approach?

Have you been prepared to participate in the meeting, planning or review?
Do you know what ‘the point’ of the meeting is? What is the plan?
Do you know and can you express when things are going well and when they are not?
Have your communication needs been addressed?
Have you been asked what your views are? Are they different to your family?
Do you feel your views have been heard and recorded?
Do you feel that the review/plan/assessment is reflective of your whole life?
If people are helping you to make certain decisions, do they understand what is important to you?
Who is helping you to make decisions, and about what?

Your money

If you are over the age of 16 then you could be entitled to claim benefits or an allowance in your own right. Please see the links below for information about your eligibility and the application process.

If you are unable to manage your benefits, then someone can become and appointee on your behalf.

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