Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the criteria for parental involvement in decision-making for young people who lack mental capacity after becoming 18 years of age.

Anyone who wishes to make decisions for a person who lacks the mental capacity to do so for themselves must have the legal authority to act. The provisions of the Mental Capacity Act 2005 reflect that principle and provide safeguards to protect the interests of persons who lack mental capacity.

Parents are often unaware they need legal authority to make decisions once their child reaches 18, when legal parental responsibility ends. The Government acknowledges this lack of awareness and in relation to property and finance has produced a toolkit ‘Making Financial decisions for young people who lack capacity’ to raise awareness: Making financial decisions for young people who lack capacity: A toolkit for parents and carers - GOV.UK.

Parents and carers can still be involved in decisions regarding the young person. Section 4 of the Mental Capacity Act (MCA) 2005, outlines the principles for making decisions in a person’s best interests for whom they care and confirms that the decision maker should consult with anyone engaged in caring for the person as well as close family and friends.