Main definitions

3F1Children and young persons: capacity

1

For the purposes of this Act, a child has capacity—

a

in relation to an act that may be carried out by the child under a provision of this Act, if the child has sufficient maturity and understanding to carry out the act,

b

in relation to a decision of the child mentioned in a provision of this Act, if the child has sufficient maturity and understanding—

i

to make the decision,

ii

to communicate the decision,

iii

to understand the decision and its implications for the child, and

iv

to retain the memory of the decision,

c

in relation to the provision, under a provision of this Act, of any information, advice or co-ordinated support plan by an education authority to the child, if the child has sufficient maturity and understanding to understand the information, advice or (as the case may be) plan,

d

in relation to any view of the child mentioned in this Act, if the child has sufficient maturity and understanding to express the view;

and any references in this Act to a child who lacks capacity are to be read accordingly.

2

For the purposes of this Act, a young person lacks capacity to do something if the young person does not have sufficient understanding to do it.

3

But a child or young person is not to be treated as lacking capacity by reason only of a lack or deficiency in a faculty of communication if that lack or deficiency can be made good by human, electronic or mechanical aid (whether of an interpretive nature or otherwise).