No decision about my education without me

An information booklet for parents of young people with sensory impariment and/or special needs making decisions about their education.

This booklet provides advice on the Mental Capacity Act 2005, its relationship with the Children and Families Act 2014, the legal definitions of 'mental capacity' to make a decision, how capacity is assessed, and how decisions are made in the young person's best interests if they lack capacity.

PDF Format.

Booklet Version 2, April 2015,

Guidance notes on how to complete the Capacity Assessment Form (3) below.

You must read these guidance notes in full before you undertake a capacity assessment using the form.

PDF Format

Version P1, January 2015

A completable form in Microsoft Word Format to help you undertake and record a Mental Capacity Act 2005 compliant capacity assessment. 

This form must be used in conjunction with the Guidance Notes (2) above.

Microsoft Word 2010 Format (.docx)

Version P1, January 2015

A short (8 page) briefing note giving guidance on the Mental Capacity Act 2005, and the its code of practice, for use in SI settings

PDF Format

Mental Capacity Act 2005 - The Legislation.

This is a link to http://www.legislation.gov.uk/ukpga/2005/9/contents where the full text of the Act can be downloaded.

The Mental Capacity Act Code of Practice

This is a link to https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/224660/Mental_Capacity_Act_code_of_practice.pdf where the full text of the Code of Practice can be downloaded.

The Law Society 2015 guidance about deprivation of liberty for under 18s, also applies to residential schools. pdf of Chapter 9.

Jane Sinson, who developed the NatSIP materials on the Mental Capacity Act 2005, and led the NatSIP trainining sessions, has gone on to write a book on the subject.

Entitled Applying the Mental Capacity Act 2005 in Education, it is due to be published in February 2016. 

This flyer includes details of the book and how to order it from the publishers.

PDF Format.