When you turn 16, your consent becomes very important in your health, care, and education decisions, including your education, health, and care (EHC) plan if you have one.
At 16, you are considered old enough to give informed consent for many decisions about your care and treatment. This means that professionals should ask for your consent before they plan or provide any treatment, care, or support.
Here’s a summary of what you need to know about consent at age 16. Please remember you can always ask for help from a trusted person if you feel this is helpful for you.
Your rights
You have the right to be involved in decisions about your plans and support, and to give or refuse consent for treatments, assessments and interventions. Your views should be respected, and you should be provided with all the information you need to make informed decisions, including what might or might not happen if you feel that you do not want to consent.
If a social care worker believes you are at risk of abuse or neglect, meaning you are at risk of someone harming you or you not being cared for properly, a referral may be made for an assessment without your consent to help keep you safe.
Information sharing
We know that it can be difficult to think about your future early. We will talk to you and your family about consent needed for information sharing when you are in your academic year 9 (13-14 years old) as you will start discussing your transition through to year 12. This allows us to share information early so we can all work together with you, if needed, when planning your future.
Post-16 consent and information sharing
We know how important it is for you to make decisions about the support you access now and in the future. We will ask you for your consent to provide support to you or where we need to share your information with other services to help plan for your future.
Giving consent for professionals involved in your life to share information helps us all work together with you, if needed, when planning your future. We will only share the information which is necessary.
Each of our services will talk to you about consent and they will continue to check in with you to make sure you are still happy with what you have consented to, or when there is a change to your support.
Schools are required to share a copy of the post-16 consent form, detailing your onward placement, with the SEND Statutory Team. This form is important for planning your transition and making sure you will have the support you need in place when you start this next stage of your education.
Capacity assessment
If there’s any doubt about your ability to make a decision about giving consent, due to impairment or disability, we will consider if an assessment of your mental capacity is required to decide if you can give informed consent.
This is important and helps us understand how we might support you to make decisions for yourself. If you are found to have the capacity, you can make your own decisions.
If not, the decisions and different options accessible to you will be considered with those who know you best. You will always be consulted and your views and wishes will be clearly recorded for you. The decision maker will carefully consider your best interests and choose the option which promotes your rights and freedoms.
Remember, consent is not just a formality; it’s your right to make decisions about your care, your body and your future. It’s important that you feel informed, supported, and empowered to make these decisions as you transition into adulthood.
If you have any questions or need more information, don’t hesitate to ask a trusted adult or professional involved in your care.