Moving to adult social care

At the age of 16 young people become legally entitled to make certain decisions about their education, health and care needs. They can be responsible for giving consent and have the right to confidentiality over their health matters.

While many young people will be able to make informed decisions, some young people with learning disabilities or special educational needs may need support to do so and may need the help of an advocate. This could be a parent, carer, trusted family member, good friend or support accessed via local agencies that offer advocacy services.

Mental Capacity Act 2005

Legally people of 16 and over have the right to make their own decisions and are protected by the Mental Capacity Act. The act also outlines how the young person can be supported to make important decisions for themselves and sets out how they can get ongoing support when they are unable to make specific decisions about their welfare or finances.

Benefits and money

On turning 16  young people:

• can claim benefits in their own right; however, if they stay in full-time nonadvanced education (e.g. GCSEs, A-levels, BTECs, NVQ levels 1-3) or some types of training, parents can choose to carry on claiming for them as part of their family.
• can get help, support and advice from the benefit advisors at the Bromley Well Advice Service, or Contact for Disabled Children on 0808 808 3555
• can receive direct payments for social care support in their own right.
• will be reassessed for Personal Independence Payment (PIP) if they have been getting DLA (Disability Living Allowance) as a child. For more information, visit www.disabilityrightsuk.org/personal-independence-payment-pip 
• can apply for Employment and Support Allowance (ESA) if they are in full time education and get DLA/PIP and are in receipt of Universal Credits.

Appointees and deputies

Where a young person needs support or is unable to manage money or a budget independently, they can appoint someone else to receive and manage their benefits on their behalf.

Appointeeship

An appointee can help the young person to use their benefits to pay expenses such as household bills, food, personal items and residential accommodation charges.

You can find out more about becoming an appointee on the GOV.UK website. 

You can also speak to a benefits advisor from the Department of Work and Pensions to see how your family income could be affected or call the benefit enquiry line on 0800 88 22 00.

Where no one else is able or suitable to do so, such as a relative, friend or solicitor, Bromley Council can apply to the Department for Work and Pensions (DWP) to be appointed to act on behalf of the benefit claimant in order to deal with their benefits.

Find out more about Bromley’s appointee and deputyship service. 

Deputyship

Deputyship covers all financial assets and savings, deputies are usually close relatives or friends of the person who needs help making decisions.

You can apply to become someone’s deputy if they lack mental capacity. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.

You can find out more about becoming a deputy on the GOV.UK website.

Where someone may have an ongoing need for decisions to be made on their behalf as they lack the capacity to make such decisions on their own, and have no-one else who is able or suitable to do so Bromley Council can apply to the Court of Protection to be appointed as a deputy to manage the person’s financial affairs.

Find out more about Bromley’s appointee and deputyship service