Moving to Adult Social Care
Some young people may need support from Adult Social Care when they turn 18. Planning for this should begin from age 14 onwards.
Under the current system, the transition team can be notified that a young person may need support from 14, although, a Transition Worker would only be involved from 16 onwards. They will:
- Assess whether a young person will need support as an adult
- help plan for the change at age 18 whether that be with support or whether signposting to other agencies is needed
- As part of their involvement, the Transition Worker will work with your young person, your family, school, and health services
- attend EHCP reviews where needed
Referral to the Transition team can be made by any professionals involved in your care via the Professionals portal or by self-referral by contacting the Front Door Team on 0800 561 0015
Mental Capacity
The Mental Capacity Act (2005) is there to protect people aged 16 and over in the event that they are unable to make decisions for themselves and where they need others to make decisions in their best interest. It is important to know that people may be able to make some decisions and not others and that there is no such thing as “global capacity”. The Mental Capacity Act is decision and time specific. In some situations, people’s capacity to make decisions can change.
Key principles
- Everyone should be assumed to have capacity unless it is established that they do not.
- People must be given appropriate help to make decisions before any decisions are made about them being unable
- People are allowed to make decisions others may think are unwise.
- If a person cannot make a decision for themselves, then others supporting must make decisions in that person's best interest, taking account of the persons wishes and feelings.
- Any action taken should be the least restrictive, meaning it should limit the person’s freedom as little as possible.
Deprivation of Liberty
Sometimes, a person who lacks mental capacity may need to stay somewhere for their safety, such as a hospital or care home. If they are not free to leave and are under continuous supervision, this is called a deprivation of their liberty.
At the time of writing, any deprivation in a care home or hospital setting is authorised under the Deprivation of Liberty Safeguards (DoLS).
The government plans to replace DoLS with the Liberty Protection Safeguards (LPS) in the future. LPS is intended to be simpler and more person centred, but it has not yet been introduced. A national consultation on LPS is scheduled for 2026.
If a deprivation of liberty happens outside a hospital or care home—for example, in supported living or a family home—it would be authorised by the Court of Protection.
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