The Mental Capacity Act for Children and Young People Practitioners (08/03/2024)

Wherever possible, older children (gillick competent and/or 16+) should be supported to represent their views wishes and feelings (in line with the Social Services & Wellbeing Act’s key principles) in relation to safeguarding and safeguarding processes. When working to safeguard children and young people, building relationships that support trust and rapport is of central importance, in turn leading to improved safeguarding outcomes. For practitioners working with older children and their families, this can bring complexity (in terms of the law, family dynamics and assessment).

Gwent Safeguarding hopes these sessions will support practitioners to gain additional clarity and confidence when working with older children deemed ‘competent’, including navigating safeguarding, legal and family aspects.

Target Audience: Practitioners that support and work with older children and young people, including practitioners from Adult Services who may come into contact with older children.

Learning Outcomes:

• Develop knowledge of the Mental Capacity Act and how this applies in practice to under 18s (16- and 17-year-olds, principles, best interest, capacity including fluctuating and decision specific)
• Consider other relevant legislation and guidelines in the context of MCA when working with children and young people.
• Understand the importance of gaining consent, and what is considered when supporting children & young people.
• Recognise how MCA keeps young people safe, supports decision making, and how this supports their Human Rights
• Discuss relevant legal and practice to support professionals appropriately apply MCA when working with young people.
• Identify roles (parents /carers/ professionals/ advocates) and how they contribute to MCA process.
• Identify good practice in recording conversations and decision making.