The Special Educational Needs and Disability Regulations 2014

PART 6 E+W Parents and young people lacking capacity

Where a child's parent lacks capacity E+W

63.  In a case where a child's parent lacks capacity at the relevant time references in—

(a) Part 3 of the Act, and

(b) these regulations, except the references in regulation 6(1)(b)(iv) and paragraph 15(b) of Schedule 2,

to a child's parent or the parent of a detained person who is a child are to be read as references to a representative of the parent.

Where a young person lacks capacity E+W

64.—(1) In a case where a young person lacks capacity at the relevant time—

(a) references to a young person in the provisions of Part 3 of the Act listed in Part 1 of Schedule 3 are to be read as references to both the young person and the alternative person;

(b) references to a young person or a detained person who is a young person in the provisions of Part 3 of the Act listed in Part 2 of Schedule 3 are to be read as references to the alternative person instead of the young person; and

(c) references to a young person in these regulations listed in Part 3 of Schedule 3 are to be read as references to both the young person and the alternative person; and

(d) references to a young person in these regulations listed in Part 4 of Schedule 3 are to be read as references to the alternative person instead of the young person.

(2) For the purposes of this regulation, “the alternative person” means—

(a) a representative of the young person;

(b) the young person's parent, where the young person does not have a representative;

(c) a representative of the young person's parent, where the young person's parent also lacks capacity at the relevant time and the young person does not have a representative.

Mental Capacity Act 2005 E+W

65.  Regulations 63 and 64 have effect in spite of section 27(1)(g) of the Mental Capacity Act 2005 M1 .

Marginal Citations

M1 2005 c.9 Section 27(1)(g) does not permit decisions on discharging parental responsibilities in matters not relating to a child's property to be made on a person's behalf.