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Speech & Language

Decision Making and Mental Capacity

Decision making supports independence within adult life and has been linked to higher quality of life. However, for some young people with additional needs, some decisions will need to be supported by those who know the young person well and adapted to the young person's communication preferences.

Decision making is a complex process. Some decisions are small and the outcome will have less of an impact on the young person’s life, such as:

  • whether to have a drink with breakfast
  • whether to wear a jumper or a coat to stay warm
  • whether to take the train, a bus or a taxi

However, some bigger decisions as a young person is approaching adulthood, such as housing and managing a budget, can have a great impact on a young person’s life. For some young people with complex needs, there may be some difficulties with understanding the complex information needed to make these decisions and they may not have the capacity to make these decisions without support.

Dive Deeper

Decision Making and the Law

From the age of 16, a young person is legally presumed to have the capacity to make their own decisions and that it is their right to make their own decisions wherever possible. The Mental Capacity Act (2014) states that it must always be assumed that everyone is able to decide for themselves, until it is proven that they cannot. This is decision and time specific. Those supporting young people should always support that young person to make their own decisions if they can. 

It is important that before assessing a person’s capacity to make a particular decision, they are given as much help as possible to make the decision for themselves. 

If after all reasonable actions have been taken to help the young person understand the decision and there are reasonable grounds to consider that a young person does not have mental capacity to make a specific decision about their care, a decision can be made on behalf of the young person. 

How to Support Decision Making

  • Break information into small chunks.
  • Provide regular opportunities for choice making for small decisions. This helps practice decision-making skills through simple decisions throughout their day.
  • Make sure that the young person can see and hear you.
  • Talk about the choice. Keep your sentences simple and leave pauses for processing. If this involves talking about a process, talk about the actions in the order that they will happen.
  • Check the environment is suited to communicating well. Are you having these conversations in a quiet, distraction free environment? 
  • Provide different ways to describe the decision. Present information using a total communication approach. Use pictures, photos, objects and signs to represent items alongside conversation. This helps support them to understand. 
  • Offer structured options or consider use of talking mats which can help support those to express their wishes and feelings about each option. 

The Preparation for Adult Life (PfAL) Team

The Preparation for Adult Life (PfAL) team can support with discussions approaching transition into adulthood. From ages 14 to 17, conversations will be about getting to know the young person and their aspirations and ideas about how they can work towards developing their independence.

When approaching adulthood, the PfAL will carry out an assessment and if the young person is deemed to not have capacity for some bigger decisions, they will hold a best interest decision meeting. This decision should take in to account any views the young person has, as well as their care givers, be within the best interests of the young person and should be the least restrictive option.

Who Can Help?

All eating and drinking referrals are made by contacting Just One Number.

If you are concerned about a child’s eating, drinking, and swallowing please ring Just One Number on 0300 300 0123. A therapist will then ring you back to discuss your concerns.

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